Philadelphia, PA – A Pennsylvania state judge has temporarily halted a lawsuit against Elon Musk’s America PAC, allowing the organization to continue giving away $1 million daily to registered voters in swing states.
Philadelphia District Attorney Lawrence Krasner filed the lawsuit, alleging that Musk’s giveaways violate electoral law. However, Judge Angelo Foglietta ruled that the case will be put on hold pending a federal court decision.
Musk’s lawyers argue that federal courts should handle the case, citing election interference claims and the protection of free speech. They also claim that Krasner’s application of state law is inappropriate since the giveaways relate to federal elections.
If the federal court choses not to rule on the matter, the case will go back to the state court.
It is unlikely the case will be resolved before Tuesday’s election.
“We will proceed to federal court and we will address the issues there and seek to have the matter remanded back to the state court,” John Summers, a lawyer working with Mr Krasner, told reporters after the hearing.
“After all, this is a case that involves state law issues,” he added.
Musk did not appear at a Philadelphia court for the hearing.
The billionaire announced earlier this month that he would randomly award a $1m prize to people in battleground states – Pennsylvania, Georgia, Nevada, Arizona, Wisconsin, Michigan and North Carolina – every day until 5 November.
These swing states suggest a particularly close contest between Trump and his Democratic rival for president, Kamala Harris.
