In the run-up to the 2024 election, pro-Trump billionaire Elon Musk sought to encourage voter participation and support for the Constitution in swing states with a petition drive and a $1 million per day giveaway that sparked outrage among Democrats and a lawsuit by Philadelphia's progressive district attorney.

Last week, a Philadelphia judge declined to halt Musk's giveaways and has now explained in a written opinion that the prosecutor failed to prove his claim that the billionaire was running an "illegal lottery" in the state of Pennsylvania, according to the Associated Press.

Philadephia District Attorney Larry Krasner said Wednesday of the ruling, "We respectfully disagree with the judge’s opinion."

Judge declined to halt Musk's swing state sweepstakes

The Hill reported on Nov. 4, just one day before the election, that Philadelphia Judge Angelo Foglietta issued a one-page order with no explanation in which he declined to impose a block on Musk's daily sweepstakes in swing states, though he said he would provide an explanation for his decision at a later date.

In a lawsuit filed against Musk and his America PAC in late October, DA Krasner accused the billionaire of running an "illegal lottery" that violated state law and, in addition to a demand for the court to halt the daily giveaway of $1 million, the prosecutor also vowed to seek financial retribution against the prominent support of President-elect Donald Trump.

However, attorneys for Musk argued that the swing state sweepstakes was not a "lottery," in that the daily winners were not decided by chance, and given that the final winners would not be from Pennsylvania as well as that the giveaways would end with the election, the judge saw no reason to take action against it.

Judge rules Musk's giveaways were not actually a "lottery"

According to Business Insider, Judge Foglietta explained in a written opinion on Tuesday that DA Krasner had failed to show that Musk's daily giveaways in swing states had met the three main criteria for what constitutes a "lottery" in the state of Pennsylvania.

To be a "lottery" under state law, a contest must include a prize, a payment for a chance to win that prize, and a completely random selection of the winner.

However, the judge explained that based on evidence and testimony, contestants didn't need to make a payment to be entered for a chance to win, but merely needed to be registered voters in a swing state who signed a petition pledging support for the First and Second Amendments of the U.S. Constitution.

Further, the $1 million winners were not selected at random but rather were carefully chosen after thorough vetting by organizers and agreeing to work for the PAC by way of appearing at rallies or in ads, rendering the $1 million less of a prize and more akin to compensation.

"Although (Krasner) alleges that America PAC and Elon Musk 'scammed' people," Foglietta wrote, according to the AP, "DA Krasner failed to provide any evidence of misuse beyond mere speculation."

Musk could still face trouble over daily swing state giveaways

Business Insider noted that DA Krasner's lawsuit still remains on the court's docket, but Judge Foglietta's decision clears the way for Musk's attorneys to file a motion for it to be dismissed.

That doesn't mean that Musk is entirely out of the woods yet in terms of potential legal trouble, as he still faces false allegations and scrutiny from Democrats and the Biden-Harris Justice Department over incorrect claims that Musk was illegally paying people to register to vote in swing states, given that only registered voters were eligible to sign the petition and be entered into the sweepstakes.

Further, Musk was just hit with a separate lawsuit from a woman in Arizona who has accused him of fraud for insinuating that the daily winners would be chosen at random when, as it was revealed by his attorneys in the Pennsylvania suit, the winners were selected through a vetting process.