PHILADELPHIA – A lawyer for Elon Musk's political action committee told a Philadelphia judge on Monday that the so-called “winners” of its $1 million-a-day election sweepstakes in swing states were not selected at random but were chosen as paid “speakers.” for the group.

Republican attorney Chris Gober also said Monday and Tuesday's recipients are from Arizona and Michigan, respectively, and therefore will have no impact on Pennsylvania's election.

He said recipients would be selected based on their personal stories and would sign a contract with the political organization America PAC.

“The $1 million recipients are not chosen at random,” Gober said Monday. “We know exactly who will be announced as the $1 million recipient today and tomorrow.”

Philadelphia District Attorney Larry Krasner believes this violates state election law and contradicts what Musk promised when he promoted the giveaways at an Oct. 19 appearance with Republican presidential candidate Donald Trump in Harrisburg , Pennsylvania, announced: “We will.” “From now until the election, one million dollars will be randomly awarded every day to people who sign the petition,” Musk promised.

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In testimony Monday afternoon, Krasner's attorney questioned a PAC official over his use of the words “coincidence” and “coincidence.” Musk used both words to describe the giveaways.

Chris Young, the PAC's treasurer, agreed that he was surprised that Musk announced that the prizes would be awarded “at random.”

“That’s not the word I would have chosen,” he said.

He said he knew in advance who the recipients would be and that the individuals at least knew they would be called to the stage – but were not specifically told they would win the money.

In an Oct. 20 social media post shown in court, Musk said anyone who signs the petition “will have a daily chance to win $1 million!”

Gober had argued Monday that the word “random” is not the same as “coincidence,” a statement Krasner called “absurd.”

Musk did not attend the hearing, which took place the day before the presidential election. He gave more than $70 million to the super PAC to help Trump and other Republicans win in November.

Krasner took the witness stand Monday and called the sweepstakes a scam as he asked Common Pleas Court Judge Angelo Foglietta to shut down the sweepstakes.

“This was all political marketing disguised as a lottery,” Krasner testified. “That's it. A fraud.”

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Lawyers for Musk and the PAC said they do not plan to extend the lottery beyond Tuesday. Krasner said the first three winners, starting Oct. 19, came from Pennsylvania in the days leading up to the state's Oct. 21 voter registration deadline.

Other winners came from the battleground states of Wisconsin, Nevada, Arizona, Georgia, North Carolina and Michigan. It's not clear whether anyone has received the money yet. The PAC promised to receive it by November 30, according to evidence shown in court.

More than a million people from the seven states registered for the sweepstakes by signing a petition expressing their support for the right to freedom of speech and to bear arms, the First Two Amendments to the U.S. Constitution, support. Krasner questioned how the PAC might use the data it will have long after the election.

“They were scammed for their information,” Krasner said. “It can be used almost indefinitely.”

Krasner's attorney, John Summers, said Musk is “the heartbeat of America PAC” and the person who announces the winners and presents the checks.

“He was the one who presented the checks, albeit large cardboard checks. We don’t really know if there are real checks,” Summers said.

Foglietta led the case at Philadelphia City Hall after Musk and the PAC lost an attempt to take him to federal court.

Krasner said he could still consider criminal charges because his job is to protect both lotteries and election integrity. In the lawsuit, he said the defendants are “indisputably” violating Pennsylvania's lottery laws.

Pennsylvania remains a key battleground state with 19 electoral votes and both Trump and Democratic Vice President Kamala Harris have made repeated visits to the state, including planned stops on Monday in the final hours of the campaign.

Krasner — who noted that he has long driven a Tesla — said he may also seek civil damages for the Pennsylvania registrants. Musk owns Tesla along with the social media platform X, where America PAC posted posts about the competition, and the rocket ship maker SpaceX.