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Jabin Botsford

PHILADELPHIA — An attempt by Philadelphia’s district attorney to block Elon Musk and his pro-Trump super PAC from continuing a $1 million daily giveaway to registered swing-state voters hit a speed bump Thursday after the billionaire’s lawyers filed a motion to move it to federal court.

A hearing on the district attorney’s request Thursday morning in state court ended without a ruling.

In filings to a federal judge, lawyers for the district attorney and Musk argued over whether to send the case back to state court, as the DA’s office asked in a Thursday afternoon <a href="https://washingtonpost.com/documents/df0acdcf-b352-4477-8fa5-dcc5409f9174.pdf" target=_blank>filing</a>. U.S. District Judge Gerald J. Pappert has given Musk and America PAC <a href="https://washingtonpost.com/documents/39530ef0-f4a4-4cf0-90e0-5636eb89854d.pdf" target=_blank>until 10 a.m. Friday</a> to respond.

Lawyers for Philadelphia District Attorney Larry Krasner had signed an order Wednesday compelling Musk to appear at City Hall on Thursday for the state court hearing. But the billionaire, who has become a key backer of former president <a href="https://www.washingtonpost.com/donald-trump/" target="_blank" class="contextual_link">Donald Trump</a>, did not attend. Musk’s attorneys argued that the proceeding was moot since the case was no longer in the state judge’s jurisdiction.

In a courtroom with a gaggle of reporters Thursday, defense attorney Matthew Haverstick said Musk is “a very busy man who cannot just materialize anywhere he wants to on 12 hours’ notice.”

Shortly before the court hearing started, America PAC announced a new winner in a post on X, the social network owned by Musk. After the session ended, Musk <a href="https://x.com/elonmusk/status/1852017282618134950" target=_blank>amplified</a> a post about the hearing, signaling approval for the outcome by writing “American Justice FTW,” an abbreviation meaning “for the win,” with a raised-hands emoji.

The case now moves to federal court, where Krasner filed a motion Thursday afternoon pushing for the case to be returned to the district court. It was not immediately clear when the next hearing would be held.

Krasner filed the lawsuit against Musk’s America PAC last week, alleging a $1 million daily giveaway to registered swing-state voters launched this month is “indisputably an unlawful lottery” under Pennsylvania consumer protection laws.

Haverstick argued Thursday that Musk is not a “proper defendant” in the case and said naming him was a “publicity stunt.”

Musk, who has donated at least $118 million to the America PAC since forming it this spring, was named as a defendant along with the group’s treasurer, Chris Young, who was also ordered to appear in court.

America PAC is running one of the most prominent independent get-out-the-vote operations for Trump. Musk has put himself front and center in the final stretch of the campaign, appearing at numerous rallies and using X as a megaphone for the Republican candidate.

At issue is a $1 million prize awarded by the PAC each day to registered swing-state voters who sign a <a href="https://petition.theamericapac.org/" target="_blank">petition</a> in support of free speech and the right to bear arms. Krasner’s lawsuit alleges that Musk and America PAC are targeting Pennsylvania to influence voters. At least 11 people have been awarded a $1 million check over the past few weeks, according to America PAC’s website, with four winners in Pennsylvania.

America PAC also offers to pay out $47 to anyone who refers a registered voter to sign its petition, according to the group’s website. In a <a href="https://x.com/america/status/1851435453091602781" target=_blank>post</a> Tuesday on X, the PAC said it had sent out more than 87,000 of the referral checks.

America PAC declined to comment. Musk did not respond to a request for comment.

The <a href="https://www.washingtonpost.com/national-security/2024/10/24/doj-elon-musk-1-million-giveaway-election-laws/?itid=lk_inline_manual_4&itid=lk_inline_manual_41" target=_blank>Justice Department last week warned Musk’s group</a> that the contest could be illegal. Federal law prohibits groups and individuals from bribing people to register to vote.

Some election law experts said Musk’s petition is legally dubious and appears to effectively bribe people to register. The law that experts say Musk could be violating carries a $10,000 fine and up to five years in prison.

Musk has defended the petition online, arguing that voters who want to be eligible for the $1 million prizes do not need to register as Republicans or vote in the Nov. 5 election.

“The only thing we ask for the million dollars is that you be a spokesperson for the petition. And that’s it, really. That’s it,” Musk said when he awarded the first $1 million prize.

In court Thursday, Judge Angelo Foglietta pointed out that the PAC’s sweepstakes were technically open to all registered voters who sign the petition — not just Republicans or Trump supporters.

“Judge, if it looks like a duck, it sounds like a duck, and it walks like a duck, it’s a duck,” said John Summers, an attorney working with Krasner’s office on the case. Summers suggested that the lottery is implicitly aimed at rewarding Trump voters.

America PAC has continued awarding the $1 million prize to registered voters in swing states who signed the petition, and it has posted daily photos and videos on the winners. In one video of a winner in North Carolina posted Wednesday, a man, sitting next to his wife and baby, becomes emotional as he holds a massive check for $1 million.

“I did everything Elon Musk asked. I signed the petition, I referred my friends and family, and because of that I earned $1 million, and we are in complete disbelief right now — truly,” he said. “I say thank you, Elon Musk. If you see this, thank you. Thank you.”

In a court filing Wednesday, the plaintiffs asked the court to “enhance its security surrounding the hearing” due to online attacks against Krasner from users on X, after Musk amplified a post to his more than 200 million followers questioning the integrity of the city district attorney’s lawsuit.

“That retweet now has 8.9 million views,” the plaintiffs said in a filing. “It immediately triggered an avalanche of posts from Musk’s followers. Many made antisemitic attacks on Krasner.”

Musk has invested significant time and resources in supporting Trump’s campaign and has been <a href="https://www.washingtonpost.com/technology/2024/10/15/musk-america-pac-door-knocking/" target="_blank">heavily involved with</a> the details of the PAC’s operations since forming the committee. It has largely focused on reaching swing-state voters who are disengaged from politics or not registered to vote.

Musk, one of the world’s richest people, started the committee this spring with visions of triggering a “red wave” by sending canvassers across the country to speak to hundreds of thousands of voters in battleground states, according to people familiar with the super PAC’s origins.

Aaron Schaffer contributed to this report.

National Magazine Award finalist, 2012

Stanford University, BA in Philosophy

Columbia Journalism School, MA in Political Journalism

Will Oremus writes about the ideas, products and power struggles shaping the digital world for The Washington Post. Before joining The Post in 2021, he spent eight years as Slate's senior technology writer and two years as a senior writer for OneZero at Medium. 

Will Oremus

Pulitzer Prize finalist for investigative reporting, 2023 

Livingston Award finalist, 2023

Investigative Reporters and Editors Award for outstanding watchdog journalism, 2022

Scripps Howard finalist for excellence in multimedia journalism, 2023

Boston University, BA in journalism

Trisha Thadani joined The Washington Post in 2023 from the San Francisco Chronicle. She covers the technology industry.

Trisha Thadani

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Case alleging Elon Musk’s voter giveaway is illegal moved to federal court

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