*

Legal experts divided on whether Musk's giveaway violates

federal laws

*

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.