PHILADELPHIA (WPVI) — A legal battle over Elon Musk’s $1 million-a-day sweepstakes is back in Pennsylvania state court, a loss for the billionaire, after a federal judge ruled Friday that he had no jurisdiction.

Larry, Philadelphia District Attorney Krasner wants to continue his fight to end freebies in state court, calling it a violation of state lottery laws. Musk had argued that the case belongs in federal court because it involves allegations of interference in federal elections.

Musk’s political organization, which aims to strengthen that of Donald Trump presidential campaign, held the sweepstakes to encourage people to register to vote in key battleground states.

A few days before Tuesday’s presidential election, the case now returns to Judge Angelo Foglietta, who held a hearing hearing Thursday in a Philadelphia City Hall courtroom. No further hearings have been immediately scheduled.

U.S. District Judge Gerald J. Pappert, a former Republican attorney general of Pennsylvania appointed to the federal bench by President Barack Obama, issued the ruling Friday.

“Defendants argue that the complaint’s references to “the upcoming federal presidential election” show that the lawsuit necessarily raises questions of federal law. But federal question jurisdiction does not depend on the motives of the plaintiff bringing the suit. action; it depends on whether the legal issues arising from the claims originate in federal or state law,” Pappert wrote.

John Summers, Esq., lead attorney for the Commonwealth in the case, released the following statement after the decision was made:

“DA Krasner filed this complaint in a state court, which has jurisdiction to issue an injunction to stop Defendants’ lottery and Defendants’ unfair and deceptive practices. Late on the night before the order to proceed hearing in state court, the defendants filed papers to move the case to federal court. A few hours later, we filed an emergency motion to have the case moved. the court of state so that the state court can proceed in an orderly manner with a hearing Moments ago, the federal court granted the emergency motion for remand, sending the case back to state court. We are awaiting the hearing date set by the state court.

Matthew Haverstick, Musk’s lawyer, did not immediately respond to text and phone messages seeking comment.

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Musk, who owns Tesla, SpaceX and to his super PAC, which can raise and spend unlimited amounts of money. He committed more than $70 million to the super PAC to help Trump and other Republicans achieve victory in November.

Krasner accused Musk and his PAC in his lawsuit filed Monday of running a questionable lottery in the run-up to Tuesday’s election. Four of the top dozen winners appeared to come from Pennsylvania, perhaps the key prize in the tight presidential race between Trump and the vice president. Kamala Harris.

“Is it just a coincidence that this is the state with the most electoral votes? I don’t think so,” attorney John Summers argued Thursday.

Posts from Musk’s America PAC on his X platform indicate that he has distributed 13 $1 million checks since the first one in Harrisburg, Pennsylvania, on October 19. Other winners came from the battleground states of Wisconsin, Nevada, Arizona, Georgia and North Carolina. and Michigan. The drawing is expected to run through Election Day, open to registered voters in states too close to call who sign a petition in support of the Constitution.

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“They do things in the dark,” Summers told the judge. “We don’t know the rules that are followed. We don’t know how they’re supposed to choose people randomly… It’s a scandal.”

Election law experts question whether this violates federal law prohibiting payment for votes. Musk made the money both a prize and a salary for his work as the group’s spokesperson.

Krasner said he might still consider criminal charges because he is charged with protecting both lotteries and the integrity of elections.

Trump and Kamala Harris have made repeated visits to the state as they fight for Pennsylvania’s 19 electoral votes, and both are planning several more stops there before Tuesday.

The Associated Press contributed to this report.