Musk Legal_11012024_1
Elon Musk's motion to move his civil lawsuit from Philadelphia to federal court was dismissed on Friday. Samuel Corum/Getty Images

Elon Musk's attempt to move his civil lawsuit case pertaining to the legality of his $1 million lottery for registered voters in swing states from Pennsylvania to federal court was shot down on Friday.

Musk argued in his filing that the lawsuit should be moved because his America PAC, also named in the lawsuit, is registered as a federal entity and the principal allegation is that Musk is "somehow unlawfully interfering with a federal election," according to the filing, and, therefore, is not subject to state law.

Critics of the X owner, however, have suggested that he believes the lawsuit would be dismissed in federal court, should Trump win the election next week.

As of 4 p.m. on Friday, Musk had not yet reacted to the news. He did, however, congratulate the latest winner of his lottery.

Philadelphia District Attorney Larry Krasner filed his civil lawsuit against Musk and his pro-Trump group, America PAC, on Monday, to protect the integrity of the presidential election.

"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," the lawsuit alleges. "That is a lottery. And it is indisputably an unlawful lottery," Krasner wrote, according to reporting by CNN.

Musk did not make an appearance at his first hearing on Wednesday, and he would have been required to show up to Thursday's hearing if he had not filed the motion, risking arrest.

"We all know that he is a very busy man who cannot just materialize anywhere he wants to with 12 hours' notice," Matthew Haverstick, Trump's lawyer, said in defense of his client's absence, per CNN.

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