PA Judge Pauses Suit Over Musk's $1M Voter Payments

PHILADELPHIA — After a judge in Philadelphia sped up the lawsuit that aims to stop Elon Musk's super PAC from giving away $1 million away daily to certain voters, the case has been put on hold.

Judge Angelo Foglietta moved a hearing on the case from Friday to Thursday, and in his one-page order said "all parties must be present."

However, according to NBC10, Foglietta put a hold on the case during Thursday's emergency hearing.

Musk himself was not at the hearing, Action News reports.

Lawyers for Musk and his America PAC are seeking to move the case to federal court.

The DA's office earlier this week filed a civil action in court to prohibit Musk's America PAC from giving away $1 million away a day to certain registered voters.

"The Philadelphia District Attorney is charged with protecting the public from public nuisances and unfair trade practices, including illegal lotteries," the DA's office said in a statement. "The DA is also charged with protecting the public from interference with the integrity of elections."

Those who are registered voters and who sign a First and Second Amendment pledge though the PAC are automatically entered the lottery offered by the world's richest man, who in recent months has reversed his opinion on former President Donald Trump and thrown his full support behind the 45th president.

Payments are specifically targeting citizens in Pennsylvania, but are also being sent to voters in Georgia, Nevada, Arizona, Michigan, Wisconsin, and North Carolina.

The payouts are being awarded through Election Day.

"This civil action neither precludes nor requires potential future action under Pennsylvania criminal law," the DA's statement reads. "The Philadelphia DA will litigate the factual allegations and legal arguments that underlie today’s filing on the record and in court."

The controversial payouts appear to fall in a legal gray area, with analysts unable to reach a consensus on the nature of Musk's payouts within the United States election code.

Hugo Lowell, with the popular Election Law Blog, said it is "clearly illegal," citing election code that states "Whoever...pays or offers to pay or accepts payment either for registration to vote or for voting shall be fined not more than $10,000 or imprisoned not more than five years, or both…"

Because nothing like this has ever been done in the history of American elections, other scholars say it's less clear.

"I think it straddles the line," John Fortier, an election expert with the American Enterprise Institute, told NBC News.

Pennsylvania Gov. Josh Shapiro has called for law enforcement to investigate the payouts.
Musk has also pledged $47 to supporters for each citizen they register to vote.