Elon Musk has been summoned to an emergency court hearing today over the $1million giveaway he has been running for registered voters in swing states.
The Tesla and X boss was ordered to attend a Philadelphia court to address the civil case filed by the city's DA, in which he alleged that Musk was running an illegal lottery and trying to influence the election less than a week before in-person voting starts.
He promised to give away $1million every day until November 5 to registered voters in key swing states who signed his online free speech and gun rights petition, giving the first prize away to Pennsylvania man John Dreher on October 19.
The giveaway has now been called into question, after Judge Angelo Foglietta of the Philadelphia County Court of Common Pleas wrote that 'all parties must be present at the time of the hearing', set to take place at 10am.
Philadelphia District Attorney Larry Krasner said in a statement following the filing of the complaint last week: 'The Philadelphia District Attorney is charged with protecting the public from public nuisances and unfair trade practices, including illegal lotteries.
'The DA is also charged with protecting the public from interference with the integrity of elections.'
Elon Musk (pictured, right, onstage in Philadelphia) promised to give away $1million every day until November 5 to registered voters in key swing states who signed his online free speech and gun rights petition
SpaceX and Tesla founder Elon Musk awarded Kristine Fishell with a $1 million check during the town hall at the Roxain Theater on October 20, 2024 in Pittsburgh, Pennsylvania
Experts have seriously questioned the legality of the lottery run by Muks, seen onstage in Philadelphia
Musk has now been called to court at 10am today
He also alleged that his lawsuit against Musk had 'triggered an avalanche of [social media] posts from Musk's followers,' many of whom 'made antisemitic attacks on Krasner'.
On top of this, Krasner's home address was leaked on the internet following the suit's filing.
Election law experts have seriously questioned the legality of Musk's lottery.
Speaking to CNN Derek Muller, who teaches at Notre Dame Law School, said: 'When you start limiting prizes or giveaways to only registered voters or only people who have voted, that's where bribery concerns arise.'
Mr Muller warned that by limiting the giveaway to only registered voters it appears as though Musk is handing out cash for voter registration.
The CNN contributor added that offering free money to already registered voters before the prize draw was announced would violate federal law.
Philadelphia DA Larry Krasner, seen outside Fox 29 Studios in Philadelphia, has sued Musk for breaching lottery and election laws
Tesla and SpaceX CEO Elon Musk jumps on stage as he arrives to speak at a town hall event hosted by America PAC in support of former US President and Republican presidential candidate Donald Trump at the Greater Philadelphia Expo Center in Oaks, Pennsylvania, on October 18, 2024
However he described the offer to people not yet registered was 'far more problematic' because it could be seen as a potential persuasion to register.
Mr Muller said that most states only criminalise paying people to vote and that it was rare for prosecutors to pursue cases of election bribery especially since the Supreme Court continued to narrow its scope of bribery statutes.
'The actions that we're seeing ... it violates federal law pretty clearly. Actually, I don't think it's a particularly close call,' Adav Noti, executive director of the Campaign Legal Center, told CBS News last week.
Pennsylvania governor Josh Shapiro also questioned Musk's giveaway.
'I think there are real questions with how he is spending money in this race, how the dark money is flowing, not just into Pennsylvania, but apparently now into the pockets of Pennsylvanians. That is deeply concerning,' he said on NBC's 'Meet the Press' last week.