Elon Musk aims to transfer a $1 million voter lottery lawsuit from state to federal court.
- Elon Musk and his political action committee are attempting to transfer the Philadelphia District Attorney's lawsuit against their $1 million swing state voter lottery to federal court.
- On Wednesday, lawyers representing Elon Musk and his PAC filed a notice to remove the lawsuit brought by Pennsylvania DA Larry Krasner.
- Hours after a Philadelphia County judge ordered Musk to appear for an emergency hearing, the bid was submitted.
Elon Musk and his political action committee are attempting to transfer the Philadelphia District Attorney's lawsuit against their $1 million swing state voter lottery from a state-level court to federal court.
On Wednesday, lawyers representing Elon Musk and his America PAC filed a notice of removal in Pennsylvania federal court, just hours after a judge in the Philadelphia County Court of Common Pleas ordered the CEO to appear for an emergency hearing regarding the lottery in the case brought by DA Larry Krasner.
The hearing will commence at 10 a.m. in a Philadelphia City Hall courtroom.
The hearing where Musk was ordered to appear in person may not proceed as planned due to the notice of removal in federal court.
The notice claims that, as a federally registered entity, America PAC is exempt from state regulations.
The Complaint claims to focus on state-law issues related to public nuisance and consumer protection, but DA Krasner's allegations, as per the Complaint, primarily revolve around the assertion that Defendants are illegally disrupting a federal election.
On Monday, Krasner filed a lawsuit in Philadelphia County Court of Pleas alleging that Musk's $1 million giveaway is an illegal, unregulated lottery. An emergency injunction hearing to halt the lottery was originally scheduled for Friday.
On Wednesday, Krasner's lawyers raised security concerns in a court filing due to "antisemitic attacks on" the district attorney from Musk's social media followers, who posted the prosecutor's home address online. The attorneys also requested that Musk and a representative for America PAC appear in person for Friday's hearing.
On Wednesday, the judge rescheduled the hearing to Thursday morning and instructed Musk and a representative from the PAC to be present.
The DA's lawsuit claims that Musk and his America PAC are attempting to sway voters in the election between Kamala Harris and Donald Trump by offering random cash prizes to individuals in swing states who sign a petition supporting the Constitution.
Musk is heavily backing Trump in the race.
"Philadelphia citizens, along with those in the Commonwealth and other swing states, are being deceived by America PAC and Musk into giving up their personal information and making a political pledge in exchange for a chance to win $1 million, according to Krasner's lawsuit. This is essentially a lottery."
The U.S. Department of Justice had cautioned America PAC about the potential violation of federal election law through the giveaway, but no legal action was filed to prevent it.
The America PAC has reportedly distributed a total of $12 million through lotteries.
In Pennsylvania, four individuals received $1 million awards, which is the highest number of recipients among swing states eligible for the prize.
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