A legal fight over Elon Musk’s $1 million-a-day voter sweepstakes is back in state court in Pennsylvania, a loss for the billionaire, after a federal judge said Friday that he doesn’t have jurisdiction.
Philadelphia District Attorney Larry Krasner wants to keep his fight to shut down the giveaways in state court, calling it a violation of state lottery laws. Musk had argued that the case belonged in federal court as it involves claims of federal election interference. However, U.S. District Judge Gerald J. Pappert ruled that federal question jurisdiction does not turn on a plaintiff’s motivations in filing suit.
The case now returns to Judge Angelo Foglietta, who will hold a hearing on Monday to consider whether to issue an injunction to stop the sweepstakes. Krasner’s lawyer, John Summers, said they will ask the state judge “to enter an injunction to stop the defendants’ lottery and the defendants’ unfair and deceptive practices.”
Musk’s political organization, which aims to boost Donald Trump’s presidential campaign, has organized the sweepstakes as a way of encouraging people to be registered voters in key battleground states like Pennsylvania. The giveaways have drawn warnings from election law experts that they may violate federal laws prohibiting payments for votes.
Krasner accused Musk and his PAC of running a “dubious lottery” in the tense run-up to Tuesday’s election, suggesting the targeting of Pennsylvania was no coincidence given its importance as a swing state. The case highlights the ongoing legal battles over campaign finance and voter engagement efforts ahead of the crucial 2024 presidential race.
The federal judge’s decision to send the case back to state court represents a setback for Musk, who had sought to have the lawsuit heard in the federal system. The outcome of the state court proceedings will be closely watched as it could determine the fate of Musk’s high-profile voter sweepstakes in the final days before Election Day.
