Elon Musk did not show up at a Pennsylvania court hearing on Thursday to consider his $1 million giveaway to voters ahead of the Nov. 5election, which could put him at risk of being held in contempt of court.
Musk, a billionaire entrepreneur backing Republican Donald Trump, had been ordered on Wednesday to attend the hearing, where a judge is considering Philadelphia District Attorney Larry Krasner’s bid to halt the giveaway less than a week before the tightly contested presidential election between Trump and Democrat Kamala Harris.
But Musk was not in the courtroom as the hearing got underway at 10 a.m. Eastern Time (1400 GMT).
Musk, the world’s richest person, could face a fine if Judge Angelo Foglietta holds him in contempt of court.
According to published reports, Krasner asked the court for added security for the hearing, saying social media users posted an “avalanche” of inflammatory posts, including antisemitic attacks toward him, and posted his home address.
Musk, meanwhile, is seeking to move the case to federal court, a delaying tactic that could allow him to continue his giveaway.
In a filing, Musk said Krasner’s lawsuit raises questions of free-speech rights and election interference that belong in federal court.
Krasner, who championed progressive causes when running for district attorney, accuses Tesla CEO Musk and his political action committee America PAC of hatching an “illegal lottery scheme to influence voters.”
Musk has been offering $1 million checks to randomly selected people who sign a petition pledging support for 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 gave away the first $1 million at an Oct. 19 America PAC rally in Harrisburg, Pennsylvania’s state capital.
Krasner’s Oct. 28 lawsuit says the giveaway should be stopped because it amounts to an illegal lottery that violates consumer protection laws by using deceptive language.
Krasner’s office said Musk and America PAC have not published clear rules for the giveaway and has not said how they are protecting voters’ personal information.
He also said people who receive Musk’s money are “not actually chosen at random,” citing two winners who attended two pro-Trump rallies.
Musk and America PAC’s lawyers did not immediately respond to requests for comment.
Some legal experts have said Musk’s giveaway could also potentially violate federal laws against paying people to vote or register to vote. Others say he is in the clear because people are only required to sign a petition to enter.
Krasner filed his lawsuit in a state court and he does not allege the giveaway violates federal law.
The U.S. Department of Justice warned America PAC the giveaway could violate federal law, according to media reports, but federal prosecutors have not taken any public action.
Musk has so far given nearly $120 million to America PAC, according to federal disclosures, making the group a crucial part of Trump’s bid to regain the White House.
The entrepreneur has increasingly supported Republican causes and this year became an outspoken Trump supporter.
Trump in turn has said that if elected, he would appoint Musk to head a government efficiency commission.
