Judge blocks Elon Musk's bid to move voter prize case to federal court

A Pennsylvania judge has denied Elon Musk’s attempt to move a lawsuit concerning his controversial $1.3 million voter giveaway to federal court, keeping the case in state court just days before the U.S. presidential election.

The decision by U.S. District Judge Gerald Pappert on November 1 raises new questions about the legality of Musk’s voter incentive program, which offers $1 million prizes to registered voters who sign a petition supporting free speech and gun rights.

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Philadelphia District Attorney Lawrence Krasner filed the lawsuit on October 28, arguing that Musk’s America PAC giveaway is an “illegal lottery” aimed at influencing voter participation in battleground states, including Pennsylvania. Musk and his America PAC, which supports former President Donald Trump, had argued for a federal court hearing, claiming that the case involved free-speech rights and potential election interference, better suited to federal jurisdiction.

Krasner countered that the move to federal court was merely an attempt to “run the clock until Election Day.”

Since October 19, Musk has awarded $1 million checks to 14 voters across seven key swing states, with the final prize set for November 5. As Philadelphia remains at the center of a heated election, legal experts are divided on whether Musk’s voter incentive crosses federal laws prohibiting payment for voter registration. While the U.S. Department of Justice has cautioned America PAC about potential violations, it has yet to take action.

With nearly $120 million in contributions to America PAC, Musk’s high-stakes voter engagement effort remains under scrutiny as Election Day approaches.