Elon Musk's attorneys say the Philly DA's lawsuit against him belongs in federal court

PHILADELPHIA — Lawyers for Elon Musk have formally asked a federal judge to oversee the lawsuit filed against him by Philadelphia District Attorney Larry Krasner, the latest volley in the legal bout unfolding between Krasner and Musk ahead of Election Day.

The brief, filed Friday morning, said that because Krasner is seeking to bar Musk and his America PAC from giving away money to registered voters in Pennsylvania before the presidential election, it is clearly a question of federal law — not a matter that can be decided in a state court, as Krasner has asserted.

Indeed, wrote lawyer Matthew Haverstick, Krasner has repeatedly accused Musk of using his PAC’s controversial $1 million daily sweepstakes to interfere with the right of Pennsylvanians to have a free and fair election, which Haverstick said demonstrated that the matter “belongs in federal court, where it can be decided soberly and in a deliberate fashion.”

“The District Attorney wants this litigation to be a rushed stage play, and the attendant spectacle and attention that go with it,” Haverstick wrote.

The documents filed Friday did little to advance arguments that Haverstick and Krasner’s attorneys made Thursday during a brief hearing in Philadelphia Common Pleas Court. The case was placed on hold there until a federal judge decides whether to accept the matter or send it back to the city.

And it remained unclear Friday morning how quickly U.S. District Court Judge Gerald J. Pappert might rule — and what that might mean for the future of the suit, with just days remaining before the extraordinarily tight electoral contest comes to a close.

Krasner, a Democrat, sued Musk and his PAC earlier this week, saying the PAC’s daily prizes to registered voters in battleground states — including Pennsylvania — violated the state’s lottery and consumer protection laws.

Musk, who has become a top surrogate for Republican nominee Donald Trump, has denied that, casting his contest as a way to drive up GOP voter registration numbers in states that might decide the election.

Although election law experts and the Justice Department have warned that Musk’s giveaways appear to violate federal laws banning monetary inducements to vote, Krasner’s suit took a slightly different approach. His lawyers said the contest constituted a lottery, which under Pennsylvania law can only be run by the state and for the benefit of seniors who live there.

Krasner’s suit also said America PAC was violating Pennsylvania’s consumer protection laws, including by failing to publish detailed rules or odds of winning, and declining to say or demonstrate how participants’ personal information was being protected.

In court documents filed with Pappert Thursday, Krasner’s attorneys said that is why the judge should send the case back to the state courts.

“The Complaint concerns only Pennsylvania public nuisance and lottery law, and Pennsylvania [consumer protection] law,” wrote John Summers, one of Krasner’s lawyers.

Summers also said Musk’s attempt to re-classify the case as a federal one was a delay tactic, calling it a “stunt” and a way to “run the clock until election day” in order to continue handing out cash prizes.

“Justice delayed in stopping illegal activity that harms Philadelphians and undermines their free, fair, and final elections is justice denied,” Summers wrote.

Summers has asked that Pappert rule as quickly as possible, though the potential timeline remained unclear.

Common Pleas Court Judge Angelo Foglietta told the parties Thursday that he would be available for a hearing on short notice should the case be relinquished back to him.

“I’m here,” he said. “I’ll be here.”