US judge returns lawsuit against Elon Musk’s $1m voter scheme to state court

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 petition has separately attracted scrutiny from the US justice department, which warned America Pac that the lottery violated federal law as it in effect amounts to paying people to register to vote. But the civil suit was the first legal action taken to stop the scheme.

As the petition asks people to pledge their support to the US constitution’s first and second amendments – big causes for Republicans – it is widely seen by election law experts as illegally encouraging Trump supporters to register to vote in swing states. In a close election, turnout by voters for the former president could tip the result.

• Don’t miss important US election coverage. Get our free app and sign up for election alerts

The suit also accuses Musk and America Pac of violating state consumer protection laws by deploying deceptive or misleading statements. For instance, Krasner contends that winners are not random, as advertised, because multiple winners have been people who showed up at Trump rallies.

Musk’s defenders say it is simply a contest open to registered voters. In theory, they say, Democrats registered to vote in battleground states can complete the petition and have a chance to win the $1m lottery.

The petition is perhaps the most public of the various strategies employed by America Pac to bolster Trump’s candidacy. The Super Pac now leads the crucial get-out-the-vote operation on behalf of the Trump campaign as Musk searches for more ways to help the former president return to the Oval Office.

The ground game effort has suffered from some setbacks. The Guardian has previously reported that tens of thousands of Trump voters might not be reached after America Pac’s internal systems flagged that 20 to 25% of door knocks reported in Arizona and Nevada may have been fraudulent.