A Pennsylvania judge on Thursday placed a hold on a lawsuit seeking to block Elon Musk’s controversial $1 million voter giveaway, enabling the billionaire to continue the initiative just days before the Nov. 5 U.S. presidential election. Philadelphia District Attorney Larry Krasner filed the suit against Musk, alleging the giveaway is an “illegal lottery scheme” designed to influence voters in key battleground states. Judge Angelo Foglietta deferred action on the case, opting to wait for a federal court decision on jurisdiction.

The high-profile case centers around Musk’s offer to give $1 million to randomly chosen supporters who sign a petition endorsing free speech and gun rights, specifically targeting voters in Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania, and Wisconsin. Musk, a prominent backer of Republican candidate Donald Trump, launched the giveaway at an America PAC rally in Harrisburg, Pennsylvania on Oct. 19, where the first $1 million prize was awarded.

Krasner’s lawsuit argues the giveaway is misleading and constitutes an unlawful lottery, violating consumer protection laws. He claims Musk’s initiative uses vague language to attract voters without transparency about how winners are selected or how participants’ personal information is protected. Adding fuel to the fire, Krasner pointed out that previous winners attended pro-Trump events, suggesting the process may not be as random as advertised.

Musk’s legal team counters that the lawsuit raises critical questions about free speech and election interference, arguing these issues are best addressed in federal court. Attorney Matthew Haverstick, representing Musk, dismissed the case as a publicity stunt and argued that Musk’s presence in court is unnecessary, saying America PAC, not Musk himself, should be the primary defendant. “Naming Mr. Musk is purely for attention,” Haverstick said, accusing Krasner of creating a “circus atmosphere” around the proceedings.

The legal ambiguity surrounding Musk’s giveaway touches on broader election laws against incentivizing voter participation. Although the U.S. Department of Justice has reportedly warned America PAC about potential federal law violations, federal authorities have yet to pursue any formal action against Musk or the PAC. Krasner, meanwhile, insists the case hinges on state law, signaling that his office may push to keep the lawsuit within Pennsylvania’s jurisdiction.

With Musk’s $120 million funding of America PAC largely dedicated to supporting Trump’s campaign efforts, the initiative’s legality remains in question. Musk’s visible support for Trump on his X platform, despite rising election misinformation on the site, and Trump’s pledge to appoint Musk to a government role if elected, adds complexity to a case that continues to draw intense public and political scrutiny.