A Pennsylvania judge has ruled that Elon Musk can continue his election cash giveaways, aimed at supporting Donald Trump, for now.
Philadelphia District Attorney Lawrence Krasner filed a lawsuit to halt the $1 million daily giveaways, arguing that Musk “must be stopped, immediately, before the upcoming presidential election.”
During Thursday’s hearing, Judge Angelo Foglietta said the lawsuit would be paused while a federal court decides whether to take up the case, according to the BBC. If the federal court declines to rule on the matter, it will return to state court, although a resolution before Tuesday’s election is unlikely.
“We will proceed to federal court and address the issues there, seeking to have the case remanded to state court,” John Summers, a lawyer for Krasner, told reporters after the hearing. “This is a case that involves state law issues,” he added.
Musk, who did not attend the hearing, announced earlier this month that he would award a $1 million prize to people in battleground states—Pennsylvania, Georgia, Nevada, Arizona, Wisconsin, Michigan, and North Carolina—every day until November 5.
These swing states suggest a close race between Trump and his rival, Kamala Harris.
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To be eligible, participants must release personal information, including addresses and phone numbers, and sign a pledge to support the U.S. Constitution.
The lawsuit argues that Musk is “running an illegal lottery.” Krasner claims Musk’s PAC is “lulling Philadelphia citizens… to give up their personal information and make a political pledge in exchange for the chance to win $1 million,” which, he asserts, constitutes an unlawful lottery.
The lawsuit also accuses Musk of violating consumer protection laws with “deceptive, vague or misleading statements” that could cause confusion.
Musk’s lawyers, however, argue that the case is a thinly veiled attempt to interfere with his political activities. “The complaint, in truth, has little to do with state-law claims of nuisance and consumer protection,” they wrote in federal filings, according to CNN. “Instead, although disguised as state law claims, the complaint’s focus is to prevent defendants’ purported ‘interference’ with the forthcoming federal presidential election by any means.”
Before Krasner’s lawsuit, the U.S. Justice Department warned Musk’s PAC that the giveaway could potentially violate federal election law.
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