A U.S. District Judge rejected Elon Musk's bid to move a pending lawsuit challenging his $1 million daily voter registration giveaways to federal court.
Judge Gerald Pappert ruled that the lawsuit filed by Philadelphia District Attorney Larry Krasner will return to state court thereby ensuring a prompt hearing before Election Day. On Thursday, Pennsylvania state judge Angelo Foglietta said that he would not move forward with the lawsuit that seeks to stop Musk and his $1 million voter giveaways.
By trying to move courts, Musk succeeded in pausing a Thursday state court hearing that required his attendance. Krasner, a Democrat, has accused Musk of running an "illegal lottery scheme to influence voters." On Monday, he sued Musk and his super PAC asking the court to halt the sweepstakes. In October, the Musk financed America PAC initiated giveaways to registered voters in seven swing states, including Pennsylvania, who have signed the PAC's petition supporting free speech and the right to bear arms.
Attorneys for the Tesla CEO have accused Krasner of trying to rush a court-ordered stop to the giveaways. "The District Attorney wants this litigation to be a rushed stage play, and the attendant spectacle and attention that go with it. But this lawsuit belongs in federal court, where it can be decided soberly and in a deliberate fashion," Musk's attorneys wrote in court filings.
Musk had requested the case be moved to federal court on Wednesday evening, saying that it had "little to do with state-law claims of nuisance and consumer protection," which had been cited by Krasner's initial complaint. The DA's office immediately pushed back saying, "Viewed properly, the Notice of Removal is a stunt to obtain a procedural advantage to avoid a ruling on the Preliminary Injunction and run the clock until election day."
Thus far, fourteen swing state residents have received checks from the America PAC sweepstakes. The PAC announced that the remaining four check swill go to registered voters in Wisconsin, Arizona, and Michigan, a move that could complicate court proceedings in Pennsylvania.