By MARYCLAIRE DALE

PHILADELPHIA (AP) — A lawyer for Elon Musk ‘s political action committee told a judge in Philadelphia on Monday that so-called “winners” of his $1 million-a-day voter sweepstakes in swing states are not chosen by chance but are instead chosen to be paid “spokespeople” for the group.

GOP lawyer Chris Gober also said that the recipients Monday and Tuesday will come from Arizona and Michigan, respectively, and therefore will not affect the Pennsylvania election. He said the recipients are chosen based on their personal stories and sign a contract with the political organization, America PAC.

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

Musk did not attend the hearing, held on the day before the presidential election. Philadelphia District Attorney Larry Krasner took the witness stand Monday and called the sweepstakes a scam as he asked the judge to shut it down.

America PAC hopes the lottery will help Donald Trump’s presidential campaign. Krasner said 18 prizes have been announced to date.

Lawyers for Musk and his America PAC confirmed to the judge they do not plan to extend the lottery beyond Tuesday.

Philadelphia District Attorney Larry Krasner, third from right, arrives for a hearing at a City Hall courtroom, Thursday, Oct. 31, 2024, in Philadelphia. (AP Photo/Matt Rourke)

However, Krasner called it an illegal lottery under Pennsylvania law, with no published rules or privacy policies for the information the PAC collects on voters who sign an oath the U.S. Constitution as they register for the sweepstakes.

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

Krasner’s lawyer, John Summers, said Musk is “the heartbeat of America PAC,” and the person announcing the winners and presenting the checks.

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

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Common Pleas Court Judge Angelo Foglietta was presiding over the case at Philadelphia City Hall after Musk and the PAC lost an effort to move it to federal court.

Krasner has said he could still consider criminal charges, as he’s tasked with protecting both lotteries and the integrity of elections. 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 repeatedly visited the state, including stops planned Monday in the final hours of the campaign.