A judge in a Philadelphia court today declined to move forward with a case filed Monday by the city’s District Attorney Larry Krasner alleging the Tesla billionaire and Donald Trump supporter’s $1 million giveaways to voters in swing states is effectively an illegal lottery.
The case pertained only to Pennsylvania, whose 19 electoral votes are key to next week’s election.
Judge Angelo Foglietta at a hearing this morning declined to move forward as the federal court decides whether to take up the case, according to press reporters. Krasner had insisted in his suit that the issues is clearly under local jurisdiction. Musk, who had been ordered to appear today but was a no show, reports said, countered that the case should be a federal matter. His filed a “motion of removal” in federal court late Wednesday night.
Musk has been offering $1 million every day until the Nov. 5 presidential election to registered voters in a battleground state who signs a petition supporting the Constitution. The awards have alarmed some election law experts as federal law bars anyone from paying another person to vote or register to vote.
The decision today likely means the SpaceX founder can continue the cash gifts through the election next Tuesday.
“The Pennsylvania General Assembly has declared that illegal lotteries are a public “nuisance” and empowered law enforcement officers such as DA Krasner to seek an injunction in court to stop them, his office said when it launched the civil action on Oct. 28.
“America PAC’s and Musk’s illegal lottery scheme also violates the Commonwealth’s consumer protection laws. In connection with their scheme, they are deploying deceptive, vague or misleading statements that create a likelihood of confusion or misunderstanding.”
