Tech billionaire Elon Musk is attempting to transfer a lawsuit over his $1 million daily giveaway aimed at voters to federal court, potentially sidestepping a Thursday hearing in Philadelphia state court that would have required his attendance.
Musk’s legal team submitted a “motion of removal” late Wednesday, a procedural step that typically halts state proceedings and places the matter under federal jurisdiction until a federal judge decides otherwise. Philadelphia District Attorney Larry Krasner, who originally filed the suit, will have the chance to argue for keeping the case in state court. For now, however, Musk’s move effectively delays the scheduled Philadelphia Court of Common Pleas hearing.
The legal dispute centers on a daily $1 million sweepstakes organized by Musk’s pro-Trump super PAC, America PAC, targeting registered voters in key battleground states. Musk’s lawyers argue in their federal filing that the lawsuit is less about state laws and more about alleged interference with the upcoming presidential election. “The Complaint, in truth, has little to do with state-law claims of nuisance and consumer protection,” Musk’s lawyers stated. They further argue that the case “raises significant questions of federal law.”
Krasner’s lawsuit contends that Musk’s actions violate Pennsylvania’s laws against illegal lotteries and consumer deception. In response, Musk’s lawyers argue that the PAC’s spending on the election qualifies as “legally protected expenditures and political speech.”
Hours before Musk’s legal maneuver, Philadelphia Court Judge Angelo Foglietta had ordered all parties, including Musk, to attend Thursday’s in-person hearing. Meanwhile, Krasner requested heightened security, alleging he faced antisemitic attacks and threats following his lawsuit, including harassment from Musk’s social media platform, X, formerly Twitter.
Despite Krasner’s warnings and a caution from the Justice Department regarding potential federal election law violations, Musk’s PAC continues the controversial daily sweepstakes. Musk endorsed Trump in July and has donated $118 million to the super PAC, amplifying his influence over the 2024 election.
