Elon Musk: Judge puts SpaceX owner's controversial $1m voter giveaway lawsuit on hold in Pennsylvania

A Pennsylvania state judge says he will not immediately move forward with a lawsuit that seeks to stop Elon Musk’s $US1 million ($A1.5 million) voter giveaway ahead of the November 5 US presidential election.

At a hearing in Pennsylvania, Judge Angelo Foglietta said he would place the lawsuit on hold while a federal court considers whether to take up the case.

Mr Musk’s bid to move the case frees him to continue the giveaway because the matter likely won’t be resolved until after Tuesday’s election.

The billionaire entrepreneur, who is spending heavily to back Republican former President Donald Trump, had been ordered to attend the hearing but did not appear.

Philadelphia District Attorney Larry Krasner is seeking to halt the giveaway less than a week before the tightly contested presidential election between Mr Trump and Democrat Vice President Kamala Harris.

DA Krasner, who championed progressive causes when running for district attorney, accuses Tesla chief executive Mr Musk and his political action committee America PAC of hatching an “illegal lottery scheme to influence voters”.

Mr Musk has been giving cheques 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 election - Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania and Wisconsin.

Mr Musk gave away the first cheque at an October 19 America PAC rally in Harrisburg, Pennsylvania’s state capital.

DA Krasner’s October 28 lawsuit says the giveaway should be stopped because it amounts to an illegal lottery that violates consumer protection laws by using deceptive language.

According to published reports, DA Krasner asked the court for added security for the hearing, saying social media users posted an “avalanche” of inflammatory posts, including anti-Semitic attacks towards him, and posted his home address.

Mr Musk said in a filing that DA Krasner’s lawsuit raises questions of free-speech rights and election interference that belong in federal court.

Prosecutor John Summers told reporters outside the courtroom that he would seek to have the case returned to state court.

“This is a case that involves state law issues,” he said.

Mr Musk’s lawyer, Matthew Haverstick, accused prosecutors of naming him a defendant to generate a “circus atmosphere” and said he should not be required to appear in court.

“Mr Musk was named as a defendant as a publicity stunt,” Mr Haverstick said, arguing that America PAC should be the only defendant.

Mr Summers said the owner of the SpaceX rocket company could easily show up if he was inclined to do so.

“He’s not going to get in a rocket ship and take it to Philadelphia - let’s be serious here,” Mr Foglietta said, drawing laughter in the courtroom.

In the lawsuit, DA Krasner’s office said Mr Musk and America PAC have not published clear rules for the giveaway and have 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.

The giveaway falls into a grey area of election law, and legal experts are divided about whether Mr Musk could be violating federal laws against paying people to register to vote.

DA Krasner filed his lawsuit in a state court and he does not allege the giveaway violates federal law.

The US 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.

Mr Musk has so far given nearly $US120 million ($A183 million) to America PAC, according to federal disclosures, and the group has taken on much of the door-knocking work of ensuring Trump’s supporters turn out to vote.

The entrepreneur became an outspoken Mr Trump supporter this year and has promoted the former president on his X social media platform.

Researchers said on Wednesday that X has been ineffective in countering a surge in election misinformation.

Mr Trump in turn has said that if elected, he would appoint Mr Musk to head a government efficiency commission.