Philadelphia District Attorney Larry Krasner (D), who filed the lawsuit, argued that the giveaways violated state laws by functioning as an “illegal lottery.” A Pennsylvania judge had mandated Musk’s attendance at a Thursday hearing, but federal law halts state court actions once removal to federal court is initiated.

“Elon Musk didn’t show,” John Summers, a lawyer representing Krasner’s office, said in a brief press conference. A source familiar with the matter also confirmed to the Washington Examiner that Musk was not at or near the courthouse in Philadelphia as of Thursday morning.

“Elon Musk and his PAC … filed legal papers to have the case removed from this court to federal court, and 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. After all, this is a case that involves state law issues, and I’ll leave it at that,” Summers said.

Musk, who is the wealthiest man in the world and an ardent supporter of former President Donald Trump’s reelection campaign, filed for removal just hours before the hearing, claiming the case involves significant federal election problems. A secretary for the judge said Thursday that the court received the filing Wednesday night.

The giveaways, launched by Musk’s pro-Trump America PAC, are open to registered voters in battleground states who support specific political petitions.

Despite warnings from the Department of Justice that the promotions could breach federal rules against incentivizing voter registration, the PAC has continued to distribute daily million-dollar checks, totaling 11 payouts to date.

The court proceedings gained urgency as the Pennsylvania hearing was initially set for Friday but moved to Thursday after Krasner cited security concerns following threats he received.

Krasner’s office has not commented on Musk’s move to shift the case to federal jurisdiction. The outcome could influence the status of the promotional giveaways leading up to Election Day.