*
Legal experts divided on whether Musk's giveaway violates
federal laws
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Musk has given nearly $120 million to America PAC,
supporting
Trump's campaign
(Recasts with Musk not appearing in court)
By Jack Queen
PHILADELPHIA, Oct 31 (Reuters) - 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. 5 election,
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 giving $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.