A legal fight over Elon Musk’s $1 million-a-day election campaign is back in state court in Pennsylvania, a loss for the billionaire, after a federal judge said Friday he has no jurisdiction.
Philadelphia District Attorney Larry Krasner wants to continue his fight to stop the giveaways in state court, calling it a violation of state lottery laws. Musk had argued that the case belonged in federal court because it involved claims of federal election interference. The judge has scheduled a hearing for Monday at 10 a.m. It was not immediately clear whether Musk would attend, although Krasner previously argued that Musk would have to appear in court.
Musk’s political organization, which aims to boost Donald Trump’s presidential campaign, organized the sweepstakes as a way to encourage people to become 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 Philadelphia City Hall courtroom. No further hearings were immediately scheduled.
U.S. District Judge Gerald J. Pappert, a Republican former attorney general of Pennsylvania who was appointed to the federal court by President Barack Obama, ruled Friday.
“Defendants argue that the Complaint’s references to ‘the upcoming federal presidential election’ demonstrate that the lawsuit necessarily raises questions of federal law. But federal jurisdiction does not depend on a plaintiff’s motivations in filing a lawsuit; it turns on whether the legal issues arising from the claims originate in federal or state law,” Pappert wrote.
Krasner attorney John Summers said in a statement that he will now ask Foglietta “to issue an injunction to stop the defendants’ lottery and the defendants’ unfair and deceptive practices.” Matthew Haverstick, a lawyer for Musk, did not immediately respond to text and phone messages seeking comment.
Musk, owner of Tesla, SpaceX and X, has gone all-in on Trump this election, saying he thinks civilization is at stake. He is undertaking much of the effort to get out the vote for Trump through his super PAC, which can raise and spend unlimited sums of money. He has pledged more than $70 million to the super PAC to help Trump and other Republicans win in November.
In his lawsuit filed Monday, Krasner accused Musk and his PAC of organizing a dubious lottery in the tense run-up to Tuesday’s election. Four of the first twelve winners appeared to be from Pennsylvania, perhaps the most important prize in the tight presidential race between Trump and Vice President Kamala Harris.
“Is it just a coincidence that this is the state that has the largest electoral votes? I don’t think so,” attorney John Summers argued on Thursday.
Posts from Musk’s America PAC on his X platform indicate he has given away 13 $1 million checks since the first one in Harrisburg, Pennsylvania, on October 19. Other winners came from the battleground states of Wisconsin, Nevada, Arizona, Georgia and North Carolina and Michigan. The lottery runs through Election Day and is open to registered voters in too-close states who sign a petition in support of the Constitution.
“They do things in the dark,” Summers told the judge. “We don’t know what rules are being followed. We don’t know how they are supposedly randomly picking people… It’s a shame.”
Voting law experts have questioned whether this violates federal law banning payments for votes. Musk has viewed the money as both a prize and income for his work as the group’s spokesman.
Krasner has said he may still consider criminal charges because he is tasked with protecting both lotteries and the integrity of elections.
Both Trump and Kamala Harris have made repeated visits to the state as they battle for Pennsylvania’s 19 electoral votes, and both are planning several more stops there before Tuesday.
