PHILADELPHIA — A Philadelphia judge held a brief hearing Thursday on the city attorney’s request to close Elon Musk$1 Million Daily Lottery in Battle States. The gifts come from Musk’s political organization, which aims to boost Donald Trump’s presidential campaign.

Musk’s lawyers filed a motion late Wednesday to move the case to federal court, saying it was a federal election issue, but that didn’t stop a state judge, Angelo Foglietta, from holding the hearing at City Hall.

After receiving comments from both sides, the judge put the state case on hold while Musk tries to argue it in federal court. Philadelphia District Attorney Larry Krasner hopes to argue there that the issues should be decided in state court.

Krasner’s attorneys said Musk and America PAC have “eagerly” continued the lottery every day this week, including this morning, despite Krasner’s effort to shut it down. The The Democrat filed suit on Monday to stop the American PAC sweepstakes, which is to be held until Election Day, open to registered voters in the battleground states who sign a petition supporting the Constitution.

Electoral law experts have raised questions about if it violates federal law prohibiting anyone from paying others to vote. Musk distributed the money as both a prize and earnings for work as the group’s spokesperson.

Krasner’s lawyers said Musk should be fined for not attending the hearing. The judge reserved any decision on that until it is clear whether the case will proceed in federal or state court.

Attorney Matthew Haverstick, who represents both the billionaire and the political action committee, said the PAC, not Musk, is the only appropriate defendant. He said Krasner called the tech mogul a publicity stunt to draw attention to the case. He also said that Musk could not “materialize” in Philadelphia in the 12 hours since the hearing was scheduled for Wednesday.

Krasner’s lawyers disputed that, saying the world’s richest man could land a SpaceX spacecraft in the city to conduct the hearing if he wanted to.

They also questioned the legality of the lottery, noting that many of the winners are in electoral vote-rich Pennsylvania and that Musk has not posted rules and regulations about the process.

Krasner said he could still consider criminal charges because he is tasked with protecting the public from both illegal lotteries and “interference with the integrity of elections.”

Krasner, in the lawsuit, said America PAC and Musk “are in undisputed violation of Pennsylvania’s statutory prohibitions against illegal sweepstakes and are defrauding consumers.”

Both Trump and Kamala Harris have made repeated visits to the state as they battle for Pennsylvania’s 19 electoral votes.

Musk, who founded SpaceX and Tesla and owns X, has gone all out on Trump in this election, saying he believes civilization is at stake if he loses. He’s doing much of his get-out-the-vote effort for Trump through his super PAC, which can raise and spend unlimited amounts of money.

He has committed more than $70 million to super PACs to help Trump and other Republicans win in November.