A Pennsylvania court has ruled in favour of Elon Musk’s controversial $1 million-a-day voter giveaway in battleground states ahead of the 2024 U.S. presidential election, despite criticism from state officials labelling it as an attempt to sway voters.

The decision by Common Pleas Court Judge Angelo Foglietta allows Musk’s America PAC, a political group backed by the billionaire, to proceed with daily cash rewards to select registered voters.

The initiative, Musk announced last month, is focused on seven critical swing states: Pennsylvania, Wisconsin, Nevada, Arizona, Georgia, North Carolina, and Michigan. These states are expected to be decisive in determining the election outcome.

Musk, who has publicly endorsed former President Donald Trump, has invested heavily in America PAC, donating $75 million to support Republican candidates, including Trump.

Since the start of the initiative, Musk’s team has awarded a total of $16 million to voters in swing states who signed a petition aligning with his political beliefs, prompting backlash from officials who say the program is a “scam” aimed at influencing voter sentiment.

Winners ‘hand-picked, not random’

The court proceedings on Monday unveiled further controversy, as Musk’s aides admitted that recipients of the $1 million prize were not chosen randomly, contrary to earlier claims. Instead, aides revealed that winners were vetted to ensure they aligned with America PAC’s values and would be effective representatives for the super PAC’s agenda.

Pennsylvania District Attorney Larry Krasner, a Democrat, voiced strong opposition, stating that the selection process was an orchestrated attempt to influence the election. “It’s not a random sweepstakes.It’s a targeted approach meant to tilt the election,” he remarked, questioning the ethical integrity of the process.

Despite these concerns, Judge Foglietta ruled in favour of Musk’s PAC, allowing the program to continue. Musk’s attorney, Chris Gober, confirmed that the final two recipients before the election will be announced in Arizona on Monday and Michigan on Tuesday. “The recipients are deliberately selected, not by chance,” Gober said.

Critics raise data privacy concerns

More than one million people in the swing states have reportedly signed Musk’s petition, endorsing rights to free speech and bearing arms, the First and Second Amendments of the U.S. Constitution. However, officials argue that the data collected from petitioners could be used for other purposes beyond the election.

“They were misled,” DA Krasner argued. “Their information could be exploited for purposes far beyond this election.”

Musk’s America PAC has maintained that the campaign constitutes “core political speech” and is a lawful exercise in voter mobilization. The PAC’s director, Chris Young, testified that potential recipients were assessed for their personality and values to ensure alignment with the PAC’s political stance, heightening concerns over the transparency and fairness of the process.