A Pennsylvania A federal judge on Friday sent back to state court a lawsuit against billionaire Elon Musk and his political motion committee over $1 million in day by day donations to registered voters.
Philadelphia District Attorney Larry Krasner's request to dam Musk and his America PAC A judge within the Philadelphia County Court of Common Pleas will hear a hearing Monday morning on whether to stop more awards from being given to voters in Pennsylvania, in accordance with a filing.
A hearing on Krasner's motion began Thursday morning in state court. But the hearing soon ended after a judge there said Musk's transfer of the case to federal court prevented any motion in state court.
Krasner accuses Musk and the PAC of running an illegal lottery and attempting to influence voters within the presidential election between Donald Trump and Kamala Harris.
The lawsuit also accuses Musk and the PAC supporting Trump of violating state consumer protection laws.
U.S. District Judge Gerald Pappert in his Verdict On Friday, the case was sent back to the Court of Common Pleas, rejecting arguments from Musk's lawyers that the lawsuit needs to be heard in federal court in Philadelphia since it pertains to the upcoming presidential election.
“But federal question jurisdiction does not depend on a plaintiff’s motives for bringing a lawsuit; What matters is whether the legal issues arising from the claims originate in federal or state law,” wrote Pappert, who was appointed by former President Barack Obama.
Pappert said the defendants had identified “no question of federal law” that needed to be resolved in favor of the prosecution “to prove a claim under state law.”
Krasner's office said in an announcement Friday: “This decision is consistent with the District Attorney's argument that last-hour efforts by America PAC and Mr. Musk to withdraw the case from state court in Philadelphia were unlawful.”
CNBC has reached out to an attorney for Musk and America PAC for comment.
Musk said on October 19 that the PAC would randomly award $1 million per day until Election Day to registered voters in one in all seven swing states – including Pennsylvania – who had signed a petition supporting the U.S. Constitution . The first three honorees got here from Pennsylvania.
After being sued by Krasner within the Court of Common Pleas on Monday, Musk was ordered to look in that state court on Thursday morning for an emergency hearing, where a judge planned to contemplate Krasner's request for an injunction to stop the lottery in Pennsylvania.
But on Wednesday evening, attorneys for Musk and the PAC filed a notice in federal court withdrawing the lawsuit.
On Thursday morning, after Musk failed to look at his hearing, Court of Common Pleas Judge Angelo Foglietta said the case couldn’t proceed, at the very least for now, due to move to federal court.
Summers hours later asked Pappert to return the case from federal court.
Musk's attorney, Matthew Haverstick, filed a motion Friday asking Foglietta to vacate the order that Musk appear in person when a hearing on Krasner's request for a preliminary injunction resumes.
“His presence is now required only to harass and oppress,” Haverstick wrote within the motion.
“Plaintiff seeks to harass and unlawfully sideline Defendant Musk in the final days before a closely contested presidential election,” the attorney wrote. “To say this is inappropriate would be a gross understatement. The attempt to impede Defendant Musk from exercising his First Amendment rights is absolutely unconstitutional coming from a government official.”
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