2024 US Presidential Election: US judge refuses to block Elon Musk’s $1 million voter giveaway amid legal battle

A Pennsylvania judge said Thursday he will not immediately pursue the lawsuit, which trying to stop Elon Musk from handing out $1 million to voters ahead November 5 presidential elections in the United States..

At a hearing in Pennsylvania, Judge Angelo Foglietta said he would put the lawsuit on hold until a federal court decides whether to hear the case.

Musk’s offer to move the case gives him an opportunity to continue the distribution as the issue likely won’t be resolved before Tuesday’s election.

Billionaire entrepreneur who spends a lot of money to support Republican Donald Trumpwas ordered to attend the hearing, but he did not appear.

Philadelphia District Attorney Larry Krasner is trying to stop the giveaways less than a week before the bitter presidential election between Trump and Democrat Kamala Harris.

Krasner, who championed progressive causes while running for district attorney, accuses Tesla TSLA.O CEO Musk and his political action committee America PAC of hatching an “illegal lottery scheme to influence voters.”

Musk handed out $1 million checks to random people who sign a petition pledging to support free speech and gun rights.

The offer is limited to registered voters in one of the seven states likely to decide the Nov. 5 election: Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania and Wisconsin.

Musk gave away the first million dollars at an America PAC rally on October 19 in Harrisburg, the capital of Pennsylvania.

After the hearing, Musk wrote “American Justice FTW” in a post on his social media platform X, using the acronym “for the win.”

On Thursday afternoon, Krasner’s office filed an emergency motion to send the case back to state court, calling Musk’s maneuver a stunt designed to “lock the lock until Election Day.”

The federal judge overseeing the case gave Musk’s lawyers until Friday morning to respond.

Krasner’s Oct. 28 lawsuit says the lottery should be stopped because it is an illegal lottery that violates consumer protection laws by using misleading language.

According to published reports, Krasner asked the court to provide additional security for the hearing, saying social media users had posted an “avalanche” of inflammatory posts, including anti-Semitic attacks against him, and published his home address.

Musk said in a statement that Krasner’s lawsuit raises questions about free speech rights and election interference that are subject to review in federal court.

Prosecutor John Summers told reporters outside the courtroom that he would seek to send the case back to state court. “This case raises questions of state law,” he said.

Musk’s lawyer, Matthew Haverstick, accused prosecutors of naming Musk as a defendant to create a “circus atmosphere” and said he should not be required to appear in court. “Mr. Musk was named as a defendant as a publicity stunt,” Haverstick said, arguing that America PAC should be the sole defendant.

Summers said the owner of the rocket company SpaceX could easily show up if he wanted to.

“He’s not going to get on a rocket ship and take it to Philadelphia — let’s be serious here,” Foglietta said, drawing laughter from the courtroom.

In the lawsuit, Krasner’s office said Musk and America PAC did not publish clear rules for the giveaway or how they protected voters’ personal information.

He also said the people receiving Musk’s money “are not really chosen at random,” citing two winners who attended two pro-Trump rallies.

The giveaway falls into an election law gray area, with legal experts divided over whether Musk may be violating federal laws that prohibit paying people to register to vote.

Krasner filed the lawsuit in state court and does not claim the giveaway violates federal law.

The U.S. Justice Department warned America PAC that the giveaway could violate federal law, but federal prosecutors have taken no public action, according to media reports.

Musk has given nearly $120 million to America PAC so far, according to the federal government, and the group has taken on much of the work to ensure Trump supporters turn out to vote.

The entrepreneur became an outspoken Trump supporter this year and promoted the former president on his social media platform X. On Wednesday, researchers said X was ineffective in combating the rise in election misinformation.

Trump, in turn, said that if elected, he would appoint Musk to head the Commission on Government Efficiency.