Lawyers for Musk filed a motion late Wednesday seeking to move the case to federal court, saying it involves a federal election issue. However, a spokesperson for Philadelphia District Attorney Larry Krasner said Thursday the initial hearing at City Hall was still scheduled.
Krasner, a Democrat, filed suit Monday to stop the America PAC sweepstakes, which is set to run through Election Day. Judge Angelo Foglietta is set to preside in the case.
The sweepstakes is open to people in battleground states who sign a petition supporting the Constitution.
Krasner has said he could still consider criminal charges, saying he is tasked with protecting the public from both illegal lotteries and “interference with the integrity of elections.”
Election law experts have raised questions about whether it violates federal law barring someone from paying others to vote. Musk has cast the money as both a prize as well as earnings for work as a spokesperson for the group.
Musk, who founded Space X and Tesla and owns X, has gone all in on Trump this election, saying he thinks civilization is at stake if he loses. He is undertaking much of the get-out-the-vote effort for Trump through his super PAC, which can raise and spend unlimited sums of money.
