Judge rejects Elon Musk's bid to move giveaway lawsuit to federal court

A Pennsylvania judge on Friday rejected Elon Musk's bid to move a lawsuit challenging his $1 million giveaway to federal court, which claimed that the giveaway was illegal under state law. 

Philadelphia District Attorney Larry Krasner sued Musk on Monday over the $1 million giveaway, arguing that it violated state law because it allegedly operates as a lottery. Under Pennsylvania law, all lotteries must be regulated by the Commonwealth.

Musk has defended the giveaway program as stating that the winner “can be from any or no political party," and that they do not even need to vote. Instead registered voters have to sign a petition in support of the First and Second Amendments of the U.S. Constitution. 

U.S. District Judge Gerald Pappert sided with the city in allowing the case to move forward in state court, ruling that no question about federal law needed to be resolved before a hearing on the matter could take place.

“Federal question jurisdiction does not turn on a plaintiff’s motivations in filing suit; it turns on whether the legal issues arising from the claims originate in federal or state law,” Pappert wrote, according to The Hill.

Musk had accused Krasner of attempting to rush the case in order to halt the program. But Krasner's office pushed back that Musk was trying to delay the request for an emergency injunction in order to "run the clock until election day."

The program, which is operated by Musk's America PAC, is also giving people $47 for each registered voter they refer to sign the petition. 

The Justice Department has also gotten involved in the program, by warning Musk's political action committee last week that the program could be illegal. 

Misty Severi is an evening news reporter for Just The News. You can follow her on X for more coverage.