A Pennsylvania state judge announced Thursday that he would not immediately proceed with a lawsuit aimed at halting Elon Musk’s $1 million voter giveaway ahead of the Nov. 5 U.S. presidential election. Judge Angelo Foglietta decided to pause the case while a federal court considers Musk’s request to transfer the lawsuit to federal jurisdiction.
This move likely enables Musk to continue the giveaway until after the election, as a final resolution may not come before then.
The lawsuit, initiated by Philadelphia District Attorney Larry Krasner, accuses Musk and his political action committee, America PAC, of conducting an “illegal lottery scheme to influence voters.”
Musk’s giveaways involve $1 million checks awarded to randomly selected individuals who sign a petition supporting free speech and gun rights. The offer targets registered voters in seven critical swing states—Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania, and Wisconsin.
The first $1 million giveaway took place at an America PAC rally on Oct. 19 in Harrisburg, Pennsylvania. After the hearing, Musk posted “American Justice FTW” on his platform, X, celebrating the temporary hold on the lawsuit.
Krasner’s lawsuit claims the giveaway is illegal, violating consumer protection laws by using potentially misleading language. Additionally, the DA raised concerns about inflammatory social media posts directed at him, some including antisemitic attacks and his home address.
Musk argues that Krasner’s lawsuit involves issues of free speech and election interference, better suited for federal court. John Summers, a prosecutor for Krasner, stated he intends to push for the case to be returned to state court, asserting that it pertains to state law.
Musk’s attorney, Matthew Haverstick, argued that Musk’s inclusion in the lawsuit was a publicity stunt, stating that America PAC alone should be the defendant. The court hearing featured some light moments; Judge Foglietta joked that Musk didn’t need a rocket to reach Philadelphia, eliciting laughter from attendees.
Krasner’s office contends that Musk and America PAC have not established clear rules for the giveaway or specified how they will protect participants’ personal data. The lawsuit also alleges that recipients are “not actually chosen at random,” citing two winners who attended pro-Trump rallies.
Although legal experts remain divided on whether Musk’s actions violate federal election laws, Krasner’s lawsuit does not accuse Musk of federal law violations. The U.S. Department of Justice reportedly issued a warning to America PAC but has taken no public action. Musk has donated nearly $120 million to America PAC, which is leading grassroots efforts to mobilize Trump’s supporters. In return, Trump has stated that he would appoint Musk to head a government efficiency commission if reelected.