A Pennsylvania judge has given Elon Musk the green light to continue with his controversial lottery for registered voters.

Musk’s America Political Action Group (PAC) has been offering $1m per day in a lottery for registered voters in swing states who sign the group’s petition defending free speech and gun rights. Eligible participants must also give up personal information including phone numbers and addresses.

The move has been criticized for a potential violation of election law, ultimately leading to Musk facing a lawsuit from Philadelphia district attorney Lawrence Krasner.

running an illegal lottery and violating consumer protections is ample basis for an injunction”

In the lawsuit, Krasner stated: “Running an illegal lottery and violating consumer protections is ample basis for an injunction and concluding that America PAC and Musk must be stopped, immediately, before the upcoming Presidential Election on November 5.”

However, at a hearing on Thursday, Pennsylvania state judge Angelo Foglietta postponed the lawsuit until a federal judge decides whether to take up the case. The delay effectively allows the lottery until the November 5 election, since it is highly unlikely to be resolved before then.

“We will proceed to federal court and we will address the issues there and seek to have the matter remanded back to the state court,” said John Summers, one of Krasner’s lawyers, after the hearing.

Responding on X, Musk said the result was “American Justice FTW (for the win)”.