Elon Musk and his political action committee are seeking to move the Philadelphia District Attorney’s lawsuit targeting their $1 million swing state voter daily lottery to federal court from a state-level court.
Lawyers for Musk and his America PAC late Wednesday filed a notice of removal in Pennsylvania federal court for DA Larry Krasner’s suit, hours after a Philadelphia County Court of Common Pleas judge ordered the Tesla CEO to personally appear for an emergency hearing in the case to determine whether the lottery should be halted.
That hearing is scheduled to begin at 10 a.m. in a Philadelphia City Hall courtroom.
It is not clear if that hearing, where Musk had been ordered to appear in person, will proceed as planned given the notice of removal in federal court.
As a rule, federal law bars a state court proceeding from taking place if a party in the case has filed a notice of removal to federal court and a copy of that notice is filed with the state court.
The notice filed by lawyers for Musk and his America PAC argue that because that PAC is registered as a federal entity, it is not subject to state law.
“While the Complaint purports to raise only state-law claims relating to public nuisance and consumer protection, DA Krasner’s claims, as evident on the face of the Complaint, turn principally on the allegation that Defendants are somehow unlawfully interfering with a federal election,” the filing says.
Krasner’s lawsuit, which claims Musk’s $1 million giveaway is an illegal, unregulated lottery, was filed in Court of Common Pleas on Monday. A hearing on Krasner’s request for an emergency injunction to block the lottery from continuing was originally scheduled for Friday.
On Wednesday, lawyers for Krasner in a court filing raised security concerns due to “antisemitic attacks on” the district attorney from Musk’s social media followers, one of whom posted the prosecutor’s home address online. The attorneys also asked the judge in the case to order Musk and a representative for America PAC to appear in person for Friday’s hearing.
Later Wednesday, the judge reset the hearing to Thursday morning, and ordered Musk and someone for the PAC to be in attendance.
Musk and his America PAC have offered the supposedly random cash prizes to people in one of seven swing states who sign a petition “in support of the Constitution.” The DA’s suit alleges Musk is trying to influence voters in the election between Kamala Harris and Donald Trump.
Musk is heavily backing Trump in the race.
“America PAC and Musk are lulling Philadelphia citizens – and others in the Commonwealth (and other swing states in the upcoming election) – to give up their personal identifying information and make a political pledge in exchange for the chance to win $1 million,” Krasner’s lawsuit says. “That is a lottery.”
The U.S. Department of Justice previously warned America PAC the giveaway might violate federal election law, but had not filed a court action to block it.
America PAC has said it has given away a total of $12 million in the lottery.
Four of the $1 million awards went to people in Pennsylvania, the most of any of the swing states eligible for the prize.
– Additional reporting by NBC News’ Lisa Rubin
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