A Philadelphia judge, on Thursday, declined to move forward with a case filed by the city’s District Attorney Larry Krasner alleging billionaire, Elon Musk’s $1 million giveaways to voters in swing states is an ‘illegal lottery’.
The case pertained only to Pennsylvania, whose 19 electoral votes are key to next week’s contest.
Through his political group America PAC, the Donald Trump supporter has been offering cash prizes to registered voters in swing states who sign a petition, something US officials suggest may break electoral law.
However, Musk has continuously denied this.
Philadelphia District Attorney, Lawrence Krasner sued Musk this week over the $1m (£770,000) giveaways and said Musk “must be stopped, immediately, before the upcoming presidential election”.
At a hearing on Thursday, Judge Angelo Foglietta said the lawsuit will be put on hold while a federal court decides whether to take up the case.
If the federal court choses not to rule on the matter, the case will go back to the state court.
In a post on X, the platform Musk owns, he said the ruling was “American Justice FTW (for the win)”.
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. After all, this is a case that involves state law issues” John Summers, a lawyer working with Krasner, told reporters after the hearing.
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.
Yet another winner was announced on Thursday. Musk’s America PAC said Dacey from Fremont, North Carolina had won a $1m check.
To be eligible to win, the giveaway requires registered voters to release personal identifying information, like addresses and phone numbers. They are also required to sign a pledge that says they support the US Constitution.
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