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A hearing is set for Monday after a judge remanded a challenge to Elon Musk’s gifts to state court.

A hearing is set for Monday after a judge remanded a challenge to Elon Musk’s gifts to state court.

A judge on Friday rejected Elon Musk’s attempt to file a federal lawsuit challenging his $1 million daily giveaways to registered voters in swing states, allowing the hearing to proceed before Election Day.

Musk’s lawyers accused Philadelphia District Attorney Larry Krasner (D) of trying to rush the court-ordered end to the hoaxes. In an attempt to move the trial, Musk stopped a hearing in state court on Thursday at which his presence was required.

“The District Attorney wants this trial to be a rushed production with the attendant spectacle and attention. But this lawsuit belongs in federal court, where it can be decided soberly and carefully,” Musk’s lawyers wrote in court papers.

U.S. District Judge Gerald Pappert’s ruling sent the lawsuit back to state court, where he sided with the district attorney. The hearing was quickly rescheduled for Monday morning.

Musk’s lawyers recently asked a state judge to waive the requirement that he appear, but it remains unclear whether the judge will grant that request.

America PAC launched the lottery in late October. The giveaways are only available to registered voters in seven swing states, including Pennsylvania, who have signed a PAC petition supporting free speech and gun rights.

On Monday, the Philadelphia district attorney sued the billionaire and his Trump supporter, calling on the court to immediately stop the lottery. Krasner argued that America PAC’s daily $1 million drawings are an “illegal lottery” under Pennsylvania law.

Musk asked for the case to be transferred to federal court Wednesday night, arguing that it “has little to do with the state nuisance and consumer protection law claims” that Krasner raised in his original complaint.

“Properly viewed, the Notice of Suspension is a ploy to gain a procedural advantage to avoid a preliminary injunction and delay time until Election Day,” Krasner’s office countered.

Musk’s lawyers have insisted the case could move to federal court because the dispute is “inextricably intertwined” with federal legal issues related to the upcoming presidential election. As an alternative, Musk’s lawyers said the case qualified for jurisdictional diversity, citing the federal courts’ ability to hear cases where the defendants and plaintiffs come from different states and the amount in dispute exceeds $75,000.

The judge rejected both arguments. He found that resolving the district attorney’s claim did not require a resolution of the federal law issue.

“The jurisdiction of a federal issue does not depend on the plaintiff’s motivation in filing the claim; it all depends on whether the legal issues raised by the claims arise in federal or state law,” Pappert wrote.

Pappert was appointed as a judge by former President Obama and previously served as Pennsylvania’s Republican attorney general.

The Department of Justice (DOJ) has reportedly warned the super PAC that its gifts could violate federal law that prohibits paying people to register to vote. However, he continues to hand out $1 million checks and insists that the amount is for the man to act as a spokesperson for the PAC. Fourteen swing state residents have received checks so far.

Musk, who endorsed Trump in July, has taken a particularly active role in the former president’s re-election campaign. His super PAC played a central role in the campaign’s ground game in swing states, and Musk himself held a series of events in Pennsylvania in the final weeks of the race.

However, the PAC recently announced that the final four checks will be sent to registered voters in Wisconsin, Arizona and Michigan, a new factor that could complicate the proceedings in Pennsylvania.

Updated at 5:34 p.m. ET.

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