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US judge returns lawsuit against Elon Musk's $1m voter scheme to state court
https://www.theguardian.com/us-news/2024/nov/01/elon-musk-giveaway-lawsuit-state-courtCivil suit claims that tech billionaire and his Trump-supporting America Pac giveaway is illegal lottery
A federal judge on Friday denied an attempt by America Pac – the political action committee founded by Elon Musk to support Donald Trump’s campaign for a second presidency – to move to federal court a civil suit brought by the Philadelphia district attorney over a daily $1m prize draw for registered voters.
The lawyers for Musk and his America Pac had argued that the lawsuit, which is seeking to halt the sweepstakes in the battleground state of Pennsylvania, needed to be resolved in federal court as it referenced the 5 November presidential election.
But the presiding US district judge Gerald Pappert disagreed with that contention in a five-page opinion, writing that the motivations of the Philadelphia district attorney, Larry Krasner, were irrelevant – and that his office had the power to bring the case in state court. “Having now considered the parties’ submissions, the court grants the motion and remands the case back to the court of common Pleas,” it said.
The case was set for a hearing in Pennsylvania state court on Monday, the day before the election.
The civil suit that names both Musk and America Pac alleges that a petition asking registered voters in battleground states to submit their address, phone number and emails in exchange for $47, as well as to enter a daily $1m prize draw, was a lottery scheme that was illegal under state law.
The lawyers for Musk and his America Pac had argued that the lawsuit, which is seeking to halt the sweepstakes in the battleground state of Pennsylvania, needed to be resolved in federal court as it referenced the 5 November presidential election.
But the presiding US district judge Gerald Pappert disagreed with that contention in a five-page opinion, writing that the motivations of the Philadelphia district attorney, Larry Krasner, were irrelevant – and that his office had the power to bring the case in state court. “Having now considered the parties’ submissions, the court grants the motion and remands the case back to the court of common Pleas,” it said.
The case was set for a hearing in Pennsylvania state court on Monday, the day before the election.
The civil suit that names both Musk and America Pac alleges that a petition asking registered voters in battleground states to submit their address, phone number and emails in exchange for $47, as well as to enter a daily $1m prize draw, was a lottery scheme that was illegal under state law.
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