Elon Musk's PAC Sued Over $1M Giveaways To PA Voters

PHILADELPHIA — The Philadelphia District Attorney's Office is calling the $1 million giveaway gimmick by Tesla and SpaceX CEO Elon Musk's Super PAC an illegal lottery in a new court filing.

The DA's office said it has filed a civil action in court to prohibit Musk's America PAC from giving away $1 million away a day to certain registered voters.

"The Philadelphia District Attorney is charged with protecting the public from public nuisances and unfair trade practices, including illegal lotteries," the DA's office said in a statement. "The DA is also charged with protecting the public from interference with the integrity of elections."

Those who are registered voters and who sign a First and Second Amendment pledge though the PAC are automatically entered the lottery offered by the world's richest man, who in recent months has reversed his opinion on former President Donald Trump and thrown his full support behind the 45th president.

Payments are specifically targeting citizens in Pennsylvania, but are also being sent to voters in Georgia, Nevada, Arizona, Michigan, Wisconsin, and North Carolina.

The payouts are being awarded through Election Day.

"This civil action neither precludes nor requires potential future action under Pennsylvania criminal law," the DA's statement reads. "The Philadelphia DA will litigate the factual allegations and legal arguments that underlie today’s filing on the record and in court."

The controversial payouts appear to fall in a legal gray area, with analysts unable to reach a consensus on the nature of Musk's payouts within the United States election code.

Hugo Lowell, with the popular Election Law Blog, said it is "clearly illegal," citing election code that states "Whoever...pays or offers to pay or accepts payment either for registration to vote or for voting shall be fined not more than $10,000 or imprisoned not more than five years, or both…"

Because nothing like this has ever been done in the history of American elections, other scholars say it's less clear.

"I think it straddles the line," John Fortier, an election expert with the American Enterprise Institute, told NBC News.

Pennsylvania Gov. Josh Shapiro has called for law enforcement to investigate the payouts.

Musk has also pledged $47 to supporters for each citizen they register to vote.