Musk announced earlier this month that he would randomly award a $1 million prize to residents of battleground states — Pennsylvania, Georgia, Nevada, Arizona, Wisconsin, Michigan and North Carolina — every day until November 5.

These swing states suggest a particularly close fight between Trump and his Democratic presidential rival, Kamala Harris.

To be eligible to win, the contest requires registered voters to disclose personally identifiable information, such as addresses and phone numbers. They are also required to sign a pledge affirming their support for the U.S. Constitution.

The lawsuit filed against Musk claimed he was “conducting an illegal lottery.”

“The America PAC and Musk are urging the citizens of Philadelphia… to give up their personal identifying information and make a political commitment in exchange for a chance to win $1 million,” Mr. Krasner said in the trial. “It’s a lottery. And it’s definitely an illegal lottery.”

The lawsuit also accuses the Tesla co-founder of violating consumer protection laws by using “misleading, vague, or misleading statements” that could create confusion.

But Musk’s lawyers argued otherwise.

“The complaint, in truth, has little to do with the nuisance and consumer protection claims made by state law,” Musk’s lawyers wrote in federal filings, according to the report from CNN. “To the contrary, although disguised as state law, the purpose of the complaint is to prevent by any means Defendants’ alleged ‘interference’ in the upcoming federal presidential election.”

If the case went to federal court, the matter would escape the hands of the Philadelphia judge.

The BBC has contacted Mr Krasner for comment.

Before the case was filed, Musk’s PAC was also warned by the U.S. Department of Justice that its lottery-style giveaway could violate federal election law.

The BBC has already contacted America PAC for comment.

Under US law, it is illegal to pay people to register to vote. But legal experts told the BBC that whether the gift violates federal law remains a gray area.

Musk himself, who campaigned aggressively for Trump, insisted that voters who want to be eligible for the awards do not need to register as Republicans or vote.