Elon Musk seeks to move $1 million voter lottery lawsuit to federal court

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SpaceX and Tesla founder Elon Musk speaks at a town hall with Republican candidate U.S. Senate Dave McCormick at the Roxain Theater on October 20, 2024 in Pittsburgh, Pennsylvania. 

Michael Swensen | Getty Images

Elon Musk and his political action committee are seeking to move the Philadelphia District Attorney's lawsuit targeting their $1 million swing state voter lottery to federal 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 judge ordered Musk 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.

That notice argues that because America PAC is registered as a federal entity, it is subject to state law in the dispute.

Krasner's lawsuit, which claims Musk's $1 million giveaway is an illegal, unregulated lottery, was filed in Philadelphia County Court of Pleas.

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