SpaceX and Tesla founder Elon Musk speaks during a town hall with Republican candidate U.S. Sen. Dave McCormick at the Roxine Theater in Pittsburgh, Pennsylvania, on October 20, 2024.
Michael Swensen | Getty Images
Elon Musk and his political action committee seek to move the Philadelphia district attorney’s lawsuit targeting a lottery that provides $1 million a day to voters in battleground states from state-level court to federal court. are.
Lawyers for Mr. Musk and his America PAC filed a notice of dismissal in Pennsylvania federal court late Wednesday in the case against Rep. Larry Krasner, hours after a Philadelphia County civil court judge issued the House order. tesla The CEO will appear in person at an emergency hearing in the case to determine whether the lottery should be canceled.
The hearing is scheduled to begin at 10 a.m. in the Philadelphia City Hall courtroom.
It is unclear whether the hearing in which Musk was ordered to appear in person will proceed as scheduled following the notice of dismissal in federal court.
Generally, federal law prohibits proceedings in state court if a party to the case files a notice of exclusion in federal court and a copy of that notice is filed in state court.
The notice filed by Musk and his America PAC lawyers argues that the PAC is registered as a federal entity and therefore is not subject to state law.
“Although the complaint purports to raise only state law claims regarding public nuisance and consumer protection, it is clear from the face of the complaint that Attorney Krasner’s allegations primarily indicate that the defendants ”, the filing states.
Krasner’s lawsuit, which claims Musk’s $1 million donation constitutes an illegal and unregulated lottery ticket, was filed in the Court of Common Pleas on Monday. Krasner’s hearing for an emergency injunction to prevent the lottery from continuing was originally scheduled for Friday.
In a court filing Wednesday, Krasner’s lawyers raised security concerns due to “anti-Semitic attacks” on the district attorney by Musk’s social media followers, one of whom posted the prosecutor’s home address. posted on the internet. Lawyers also asked the judge in the case to order Musk and representatives of America PAC to appear in person at Friday’s hearing.
Late Wednesday, the judge reset the hearing for Thursday morning and ordered Musk and someone from the PAC to appear in court.
Mr. Musk and his America PAC offered supposedly random cash prizes to people in one of seven battleground states who signed a “Support the Constitution” petition. The prosecutor’s complaint alleges that Musk is trying to influence voters in the election between Kamala Harris and Donald Trump.
Musk has been a strong supporter of Trump during the election campaign.
“America PAC and Musk deceived the citizens of Philadelphia, as well as the rest of the commonwealth (and other battleground states in the upcoming election), into giving up personal identifying information and political “We are trying to induce them to make a public commitment,” Krasner said. the lawsuit says. “It’s a lottery.”
US Ministry of Justice America PAC previously warned that the giveaway could violate federal election law, but did not file a lawsuit to stop it.
America PAC announced that it has donated a total of $12 million through the lottery.
Four of the $1 million prizes went to people in Pennsylvania, the largest number of eligible swing states.
– Additional reporting by NBC News’ Lisa Rubin
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