A Philadelphia judge plans to hold a hearing Thursday in the city prosecutor’s lawsuit to shut down Elon Musk’s $1 million-a-day sweepstakes in battleground states. The giveaways come from Musk’s political organization, which aims to boost Donald Trump’s presidential campaign.
Lawyers for Musk filed a motion late Wednesday to move the case to federal court, saying it involves a federal election issue. However, a spokesperson for Philadelphia District Attorney Larry Krasner said Thursday that the initial hearing at City Hall was still scheduled.
Krasner, a Democrat, filed suit Monday to stop the America PAC sweepstakes, which is set to run through Election Day. Judge Angelo Foglietta is set to preside in the case.
Matthew Haverstick is one of several lawyers representing the defendants. He declined to say late Wednesday if Musk would attend the hearing.
The sweepstakes is open to people who live in battleground states who sign a petition supporting the Constitution.
Krasner has said he could still consider criminal charges, saying he is tasked with protecting the public from both illegal lotteries and “interference with the integrity of elections.”
Election law experts have raised questions about whether it violates federal law barring someone from paying others to vote. Musk says the money is both a prize, as well as earnings for spokespersons for the group.
Krasner alleges in the lawsuit that America PAC and Musk “are indisputably violating Pennsylvania’s statutory prohibitions against illegal lotteries and deceiving consumers.”
Both Trump and Kamala Harris have made repeated visits to the state as they fight for Pennsylvania’s 19 electoral votes.
Musk, who founded SpaceX and Tesla and owns X, has gone all in on Trump, saying he thinks civilization is at stake if he loses. 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 more than $70 million to the super PAC to help Trump and other Republicans win in November.
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