PHILADELPHIA — A lawyer for Elon Musk’s political action committee told a Philadelphia judge Monday that the so-called “winners” of its $1 million-a-day sweepstakes in swing states are not chosen at random, but chosen to be . paid “spokespeople” for the group.

GOP attorney Chris Gober also said Monday and Tuesday’s recipients will come from Arizona and Michigan, respectively, and therefore won’t affect the Pennsylvania election. He said 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 at random,” Gober said Monday. “We know exactly who will be announced as the million dollar recipient today and tomorrow.”

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

Philadelphia District Attorney Larry Krasner took the witness stand Monday and called the raffle a scam as he asked a judge to shut it down. Judge Angelo Foglietta planned to rule after a brief lunch break.

“This was all political marketing masquerading as a lottery,” Krasner testified. “That’s it. A graft.”

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

Other winners came from the battleground states of Wisconsin, Nevada, Arizona, Georgia, North Carolina and Michigan. It is not clear if anyone has received the money yet. PAC promised to receive it by Nov. 30, according to evidence presented in court.

More than 1 million people in the seven states entered the sweepstakes by signing a petition saying they support the right to free speech and bear arms, the first two amendments to the US Constitution. Krasner questioned how the PAC could use the data, which it will have at hand long after the election.

“They were cheated of their information,” Krasner said. “It has almost unlimited uses.”

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 cheques, albeit big cardboard cheques. We don’t really know if there are any real checks,” Summers said.

Foglietta presided over the case at Philadelphia City Hall after Musk and the PAC lost an effort to move it to federal court.

Krasner said he could still consider criminal charges because he is tasked with protecting both the lotteries and the integrity of elections. In the lawsuit, he said the defendants are “unquestionably in violation” of Pennsylvania’s lottery laws.

Pennsylvania remains a key battleground state with 19 electoral votes, and both Trump and Democratic Vice President Kamala Harris have visited the state repeatedly, including stops planned 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 claimants. Musk owns Tesla along with social media platform X, where America PAC has posted about the sweepstakes, and rocket maker SpaceX.