PHILADELPHIA (AP) 鈥 A legal fight over Elon Musk鈥檚 $1 million-a-day voter sweepstakes is back in state court in Pennsylvania, a loss for the billionaire, after a federal judge said Friday that he doesn't have jurisdiction.
Philadelphia District Attorney Larry Krasner wants to keep his fight to shut down the giveaways in state court, calling it a violation of state lottery laws. Musk had argued that the case belonged in federal court as it involves claims of federal election interference. A judge scheduled a hearing for 10 a.m. Monday. It wasn't immediately clear whether Musk would attend though Krasner previously argued that Musk should have to appear in court.
, which aims to boost presidential campaign, has organized the sweepstakes as a way of encouraging people to be registered voters in key battleground states.
With just days to go until Tuesday's presidential election, the case now returns to Judge Angelo Foglietta, who held a brief hearing Thursday in a courtroom at Philadelphia City Hall. No further hearings were immediately scheduled.
U.S. District Judge Gerald J. Pappert, a Republican former Pennsylvania attorney general appointed to the federal bench by President Barack Obama, issued Friday's ruling.
"Defendants argue the complaint鈥檚 references to 鈥榯he forthcoming Federal Presidential Election鈥 show the lawsuit necessarily raises questions of federal law. But federal question jurisdiction does not turn on a plaintiff鈥檚 motivations in filing suit; it turns on whether the legal issues arising from the claims originate in federal or state law,鈥 Pappert wrote.
Krasner lawyer John Summers, in a statement, said he will now ask Foglietta 鈥渢o enter an injunction to stop the defendants鈥 lottery and the defendants鈥 unfair and deceptive practices.鈥 Matthew Haverstick, a lawyer for Musk, did not immediately respond to text and phone messages seeking comment.
Musk, who owns , SpaceX and X, has gone all in on Trump this election, saying he thinks civilization is at stake. He is undertaking much of the get-out-the-vote effort for Trump through his super PAC, which can raise and spend unlimited sums of money. He has committed to help Trump and other Republicans win in November.
Krasner accused Musk and his PAC in of running a dubious lottery in the tense run-up to Tuesday鈥檚 election. Four of the first dozen winners appeared to be from Pennsylvania, perhaps the key prize in the tight presidential race between Trump and Vice President Kamala Harris.
鈥淚s it just a coincidence that this is the state that has the largest electoral votes? I don鈥檛 think so,鈥 lawyer John Summers argued Thursday.
Posts by Musk鈥檚 America PAC on his X platform indicate he鈥檚 given away 13 checks of $1 million since the first one in Harrisburg, Pennsylvania, on Oct. 19. Other winners came from the battleground states of Wisconsin, Nevada, Arizona, Georgia, North Carolina and Michigan. The sweepstakes is set to run through Election Day, open to registered voters in too-close-to-call states who sign a petition supporting the Constitution.
鈥淭hey鈥檙e doing things in the dark,鈥 Summers told the judge. 鈥淲e don鈥檛 know the rules being followed. We don鈥檛 know how they鈥檙e supposedly picking people at random 鈥 It鈥檚 an outrage.鈥
Election law experts have questioned whether it violates federal law barring payments for votes. Musk has cast the money as both a prize as well as earnings for work as a spokesperson for the group.
Krasner has said he could still consider criminal charges, as he鈥檚 tasked with protecting both lotteries and the integrity of elections.
Both Trump and Kamala Harris have made repeated visits to the state as they fight for Pennsylvania鈥檚 19 electoral votes, and both plan several more stops there before Tuesday.
