The state’s top Democratic legal official says the giveaway in states likely to decide the US election is a ‘scam’.

A $1m-a-day voter sweepstakes operated by a political group established by billionaire Elon Musk can continue, a judge in the state of Pennsylvania has ruled.

Last month, the world’s richest man announced he would start the giveaway in seven battleground states likely to decide the outcome of the United States 2024 election.

Musk’s giveaway has widely been seen by many as an unsubtle attempt to secure extra votes for Republican candidate Donald Trump, who Musk has thrown his vocal and financial support behind.

Musk has given $75m to America PAC, a political action committee that has been funding various Republican candidates, including former President Trump.

Winners ‘not chosen  by chance’

The Tesla CEO has already gifted $16m to registered swing-state voters who qualified for the giveaway by signing his political petition.

Pennsylvania‘s Common Pleas Court Judge Angelo Foglietta’s decision on Monday came after a surprising day of testimony in a state court in which Musk’s aides acknowledged hand-picking the winners of the contest based on who would be the best spokespeople for his super PAC’s agenda.

Previously, the 53-year-old billionaire had claimed the winners would be chosen at random.

District Attorney Larry Krasner, a Democrat, called the process a scam “designed to actually influence a national election” and asked that it be shut down.

As it was, the judge ruled in favour of Musk and his America PAC.

Musk’s lawyer, Chris Gober, said the final two recipients before the presidential election would be announced in Arizona on Monday and Michigan on Tuesday.

“The $1 million recipients are not chosen by chance,” said Gober.

“We know exactly who will be announced as the $1 million recipient today and tomorrow.”

‘They were scammed’

Chris Young, the director and treasurer of America PAC, testified that the recipients were vetted ahead of time, to “feel out their personality, [and] make sure they were someone whose values aligned” with the group.

Musk’s lawyers, defending the effort, called it “core political speech” given that participants were asked to sign a petition endorsing the US Constitution.

More than 1 million people from the seven battleground states – Pennsylvania, Wisconsin, Nevada, Arizona, Georgia, North Carolina and Michigan – have registered for the sweepstakes by signing a petition saying they support the right to free speech and to bear arms, the first two amendments to the US Constitution.

District Attorney Krasner has questioned how the PAC might use their data, which it will have on hand well past the election.

“They were scammed for their information,” Krasner said. “It has almost unlimited use.”