A Pennsylvania state judge said Thursday he would not immediately file a lawsuit that seeks to stop Elon Musk from donating $1 million to voters ahead of US presidential election on November 5.

At a hearing in Pennsylvania, Judge Angelo Foglietta said he would stay the trial until a federal court considers whether to take over the case.

Musk’s attempt to move the case forward gives him the freedom to continue his efforts, as the case likely won’t be resolved until after Tuesday’s election.

The billionaire entrepreneur, who spends hugely to support Republican Donald Trumpwas summoned to the hearing but did not appear.

Philadelphia District Attorney Larry Krasner is seeking to stop the distribution less than a week before the hotly contested presidential election between Trump and Democrat Kamala Harris.

Krasner, who championed progressive causes during his run for district attorney, accuses Tesla TSLA.O CEO Musk and his America PAC political action committee of developing an “illegal lottery scheme for influence voters.

Musk distributed $1 million checks to randomly selected people. who sign a petition pledging to support free speech and gun rights.

The offer is limited to registered voters in one of seven states that will likely decide the outcome of the Nov. 5 election: Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania and Wisconsin.

Musk distributed the first $1 million at an America PAC rally on Oct. 19 in Harrisburg, the state capital of Pennsylvania.

After the hearing, Musk declared “American Justice FTW” in a post on his social media platform X, using the abbreviation for “for victory.”

On Thursday afternoon, Krasner’s office filed an emergency motion to move the case to state court, calling Musk’s move a stunt intended to “run the lock until Election Day.” .

The federal judge in the case gave Musk’s lawyers until Friday morning to respond.

Krasner’s lawsuit filed Oct. 28 claims the contest should be stopped because it is an illegal lottery that violates consumer protection laws by using misleading language.

According to published reports, Krasner asked the court for increased security for the hearing, saying social media users posted an “avalanche” of inflammatory messages, including anti-Semitic attacks against him, and published his home address .

Musk said in a filing that Krasner’s lawsuit raises questions of free speech rights and election interference that are for federal court to decide.

Prosecutor John Summers told reporters outside the courtroom that he would seek to have the case moved to state court. “This is a case that involves questions of state law,” he said.

Musk’s lawyer, Matthew Haverstick, accused prosecutors of naming Musk as a defendant to create a “circus atmosphere” and said he should not be forced to appear in court. “Mr. Musk was named as a defendant as a publicity stunt,” Haverstick said, arguing that America PAC should be the sole defendant.

Summers said the owner of rocket company SpaceX could easily run if he was inclined to do so.

“He’s not going to get on a rocket and take it to Philadelphia – let’s be serious here,” Foglietta said, drawing laughter in the courtroom.

In the lawsuit, Krasner’s office said Musk and America PAC failed to publish clear rules regarding the contest and failed to specify how they protected voters’ personal information.

He also said that the people who receive Musk’s money “aren’t actually chosen at random,” citing two winners who attended two pro-Trump rallies.

The gift falls into a gray area of ​​election law, and legal experts are divided on whether Musk could violate federal laws prohibiting paying people to register to vote.

Krasner filed his suit in state court, and he does not claim the gift violated federal law.

The U.S. Department of Justice warned America PAC that the giveaway could violate federal law, according to media reports, but federal prosecutors took no public action.

Musk has so far donated nearly $120 million to America PAC, according to federal information, and the group has taken on much of the door-to-door work of ensuring Trump supporters turn out at the polls.

The entrepreneur became an outspoken Trump supporter this year and promoted the former president on his social media platform X. Researchers said Wednesday that X had proven ineffective in countering a rise in election misinformation .

Trump in turn said that if elected, he would appoint Musk to head a government efficiency commission.