A Pennsylvania judge declined to take immediate action on Thursday regarding a lawsuit aimed at blocking Elon Musk’s high-profile $1 million voter giveaway, set to conclude just before the pivotal Nov. 5 U.S. presidential election. Judge Angelo Foglietta announced during a state court hearing that he would place the case on hold, awaiting a federal court’s decision on whether it will assume jurisdiction.
The delay offers Musk, the billionaire and CEO of Tesla, a temporary reprieve to continue his voter incentive effort, given that the legal outcome may not emerge until after the election. Musk, who has aligned himself with Republican candidate Donald Trump, had been instructed to attend Thursday’s hearing but was notably absent.
Philadelphia District Attorney Larry Krasner, a vocal advocate for progressive policies, initially filed the lawsuit less than a week before the election. Krasner alleges that Musk and his political action committee, America PAC, are orchestrating an illegal lottery designed to sway voters. He is seeking to halt the giveaway, which consists of $1 million checks awarded to randomly selected individuals who endorse a petition supporting free speech and gun rights. Eligible participants are limited to registered voters in Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania, and Wisconsin—key battleground states.
The legal clash intensified after Musk kicked off the campaign with a high-profile $1 million giveaway during an Oct. 19 America PAC event in Harrisburg, Pennsylvania. Krasner’s office has argued that the so-called “voter lottery” violates consumer protection laws and employs deceptive language, adding that the lack of published rules raises privacy concerns. Krasner also noted that winners of the checks are “not actually chosen at random,” pointing to specific recipients who have been vocal Trump supporters.
Following the hearing, Musk shared a post on his social media platform X, exclaiming, “American Justice FTW” (for the win). Shortly thereafter, Krasner’s office filed an emergency motion to return the case to state court, accusing Musk’s legal team of delaying tactics intended to extend proceedings past Election Day. Federal Judge overseeing the case provided Musk’s attorneys with a deadline of Friday morning to submit their response.
Musk’s defense counters that the lawsuit involves core issues of free speech and election law, which they argue are best handled at the federal level. His attorney, Matthew Haverstick, called the lawsuit a “publicity stunt,” asserting that Musk was named as a defendant to attract media attention. Prosecutors, meanwhile, contend that state-specific election regulations are at the heart of the matter. “This case involves state law issues,” said Prosecutor John Summers outside the courtroom, adding that he would push to keep the lawsuit within state jurisdiction.
Despite the ongoing controversy, Musk’s America PAC has surged in fundraising, with reports indicating nearly $120 million in contributions to support door-knocking and other grassroots efforts targeting Trump’s voter base. Musk’s support for Trump, especially on his social media platform X, has raised questions about the influence of social media on election integrity. Experts have pointed out that X has struggled to contain misinformation, leading to increased scrutiny of Musk’s role in the election.
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