PHILADELPHIA — A Philadelphia judge held a brief hearing Thursday in the city attorney’s shutdown bid. Elon MuskThe million-dollar-a-day drawing in battleground states. The gifts come from Musk’s political organization, which aims to boost Donald Trump’s presidential campaign.

Musk’s lawyers filed a motion Wednesday night to take the case to federal court, saying it was a federal election issue, but that didn’t stop a state judge , Angelo Foglietta, to hold the hearing at city hall.

After considering comments from both sides, the judge put the case on hold while Musk attempts to have it argued in federal court. Philadelphia District Attorney Larry Krasner hopes to argue there that the issues should be decided in state court.

Krasner’s lawyers said Musk and America PAC “brazenly” continued the lottery every day this week, including this morning, despite Krasner’s efforts to stop it. THE The Democrat filed a complaint Monday to stop the America PAC sweepstakes, which is expected to run through Election Day, open to registered voters in battleground states who sign a petition in support of the Constitution.

Electoral law experts have raised questions about whether it violates federal law prohibit someone from paying others to vote. Musk made the money both a prize and a salary for his work as the group’s spokesperson.

Krasner’s lawyers said Musk should be disciplined for failing to attend the hearing. The judge reserved any decision on the matter until it is clear whether the case will proceed in federal or state court.

Attorney Matthew Haverstick, representing both the billionaire and the political action committee, said the PAC, not Musk, was the only legitimate defendant. He said Krasner cited the tech mogul as a publicity stunt to draw attention to the case. He also said Musk would not be able to “materialize” in Philadelphia within 12 hours of the hearing being scheduled for Wednesday.

Krasner’s lawyers disputed that claim, saying the world’s richest man could land a SpaceX spacecraft in the city to attend the hearing if he wanted.

They also questioned the legality of the lottery, noting that several of the winners are in electoral vote-rich Pennsylvania and that Musk has not issued rules and regulations regarding the process.

Krasner said he might still consider criminal charges, since he is charged with protecting the public from both illegal lotteries and “interference with election integrity.”

Krasner, in the lawsuit, said America PAC and Musk “unquestionably violate Pennsylvania’s statutory prohibitions against illegal lotteries and deceive consumers.”

Trump and Kamala Harris have visited the state several times as they fight for Pennsylvania’s 19 electoral votes.

Musk, who founded SpaceX and Tesla and owns X, went all-in on Trump this election, saying he believed civilization was at stake if he lost. He is undertaking much of the effort to get Trump out of the vote through 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.