A judge refuses to stop Elon Musk from giving out $1 million to voters as the billionaire tries to advance the lawsuit

A state judge in Pennsylvania stated on Thursday that he will not proceed with a case to prevent Elon Musk from giving out $1 million to voters in advance of the U.S. presidential election on November 5.

Judge Angelo Foglietta announced during a hearing in Pennsylvania that he would put the case on hold while a federal court decides whether to take it up.

Since the dispute is unlikely to be settled until after Tuesday’s election, Musk’s attempt to shift it allows him to proceed with the giveaway.

The billionaire businessman, who is substantially investing in Republican Donald Trump, was supposed to be at the hearing but failed to show up.

Less than a week before Trump and Democrat Kamala Harris face off in the hotly disputed presidential election, Philadelphia District Attorney Larry Krasner is attempting to stop the giveaway.

Tesla (TSLA.O) CEO Musk and his political action group America PAC are accused by Krasner, who supported progressive causes while running for district attorney, of creating a “illegal lottery scheme to influence voters.”

Musk has begun distributing $1 million payments to randomly chosen individuals who sign a petition endorsing gun rights and free speech.

Only registered voters in Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania, and Wisconsin—the seven states that are most likely to determine the outcome of the election on November 5—are eligible for the offer.

During an America PAC rally in Harrisburg, Pennsylvania’s state capital, on October 19, Musk distributed the first $1 million.

Musk posted “American Justice FTW” on his social media site X following the hearing, utilizing the acronym for “for the win.”

According to Krasner’s lawsuit filed on October 28, the offer ought to be halted because it amounts to an unlawful lottery and uses misleading wording, which is against consumer protection regulations.

Published reports state that Krasner requested more security for the hearing because social media users released his home location and a “avalanche” of angry tweets, including antisemitic ones.

In a petition, Musk claimed that Krasner’s case brought up issues of political meddling and free speech that belonged in federal court.

Outside the courthouse, prosecutor John Summers informed reporters that he will try to get the case sent back to state court. “This is a case that involves state law issues,” he stated.

According to Matthew Haverstick, Musk’s attorney, prosecutors named Musk as a defendant in order to create a “circus atmosphere” and he shouldn’t have to appear in court. Haverstick claimed that America PAC should be the sole defendant and claimed that Mr. Musk was added as a defendant as a publicity gimmick.

If the owner of the SpaceX rocket firm wanted to, he could easily make an appearance, according to Summers.

As the courtroom laughed, Foglietta remarked, “He’s not going to get in a rocket ship and take it to Philadelphia – let’s be serious here.”

According to Krasner’s office, Musk and America PAC have not disclosed explicit guidelines for the giveaway or provided an explanation of how they plan to safeguard voters’ private information.

Additionally, he said that recipients of Musk’s funds are “not actually chosen at random,” mentioning two winners who went to two events in support of Trump.

Legal experts disagree on whether Musk would be breaking federal laws prohibiting paying people to register to vote, and the giveaway falls within a gray area of election law.

Krasner does not claim that the offer is illegal under federal law, and he filed his action in a state court.

Despite media claims that the U.S. Department of Justice informed America PAC that the giveaway would violate federal law, federal prosecutors have not made any public statements.

According to federal records, Musk has donated around $120 million to America PAC thus far, and the organization has mostly taken up the door-to-door canvassing task of encouraging Trump’s supporters to cast ballots.

This year, the businessman turned become a vocal Trump fan and has been promoting the former president on his social media site, X.

On Wednesday, researchers reported that X has failed to combat an increase in election-related disinformation.

In response, Trump has stated that Musk will lead a government efficiency commission if elected.