A federal judge on Friday rejected Elon Musk’s bid to move to federal court a newly filed lawsuit, in which the Philadelphia district attorney targets the billionaire’s $1 million daily giveaways offered to registered voters in swing states.
The case must remain in Pennsylvania state court, according to the ruling written by U.S. district judge Gerald Pappert. On Wednesday, Musk’s attorneys asked the Obama-appointed judge to move the case to federal court because they believe Democratic district attorney Larry Krasner wanted to quickly halt the giveaway program in the days leading up to the presidential election.
The defendant’s request was filed before Musk was required to appear at a Thursday hearing in state court. After Musk attempted to circumvent the hearing, Krasner filed an opposing motion to keep the case in a lower court.
A Pennsylvania state judge paused the case on Thursday while the district court considered taking up the case. Pappert’s ruling granted Krasner’s request and allowed the hearing to proceed.
Minutes after the decision, Musk’s attorneys asked that their client not be required to attend the hearing.
Krasner sued Musk and his pro-Trump America PAC on Monday, arguing that the voter lottery is illegal under state law for allegedly influencing voters in the November election. Pennsylvania’s consumer-protection law requires all lotteries to be “operated and administered by the state,” the civil lawsuit noted.
America PAC launched the sweepstakes in late October, giving eligible voters in seven swing states the opportunity to apply for the daily $1 million awards until the election if they sign a petition in support of safeguarding the First and Second Amendments. At least 14 voters have received checks so far; four of those winners live in Pennsylvania.
Musk maintains that the selection process in determining a recipient of the money is completely random. Krasner said that statement was “false,” saying multiple lottery winners have attended Trump rallies in Pennsylvania.
Musk has donated $75 million to America PAC to back former president Donald Trump. The super PAC was formed in July after its primary megadonor endorsed the GOP presidential nominee. Musk has said the awards program was not designed to sway voters toward any particular candidate.
Last week, the Justice Department warned America PAC that it may be in violation of federal election laws about paying voters. Pennsylvania governor Josh Shapiro called for law enforcement to investigate the matter after the sweepstakes program was announced.