A legal battle over Elon Musk’s $1 million-a-day voter sweepstakes has returned to Pennsylvania state court, a loss for the billionaire, after a federal judge on Friday said it lacked jurisdiction.

Philadelphia District Attorney Larry Krasner wants to keep his fight to shut down the giveaway in state court, calling it a violation of state lottery laws. Musk argued that the case belongs in federal court because it involves claims of interference in federal elections. A judge scheduled a hearing for Monday at 10 a.m. It was not immediately clear whether Musk would attend, although Krasner previously argued that Musk should appear in court.

Musk’s political organization, which aims to boost Donald Trump’s presidential campaign, organized the raffle as a way to encourage people to register as voters in key battleground states.

With Tuesday’s presidential election just days away, the case now goes before Judge Angelo Foglietta, who held a brief hearing Thursday in a Philadelphia City Hall courtroom. No further hearings were immediately scheduled.

U.S. District Judge Gerald J. Pappert, a former Republican attorney general from Pennsylvania appointed to the federal bench by President Barack Obama, issued the ruling on Friday.

“Defendants argue that the complaint’s references to the “upcoming federal presidential election” show that the lawsuit necessarily raises questions of federal law. But federal subject matter jurisdiction is not based on the plaintiff’s motivations in filing suit, but whether the legal issues arising from the claims arise under federal or state law,” Pappert wrote.

Krasner’s attorney, John Summers, said in a statement that he will now ask Foglietta “to enter an injunction to stop the defendants’ lottery and the defendants’ unfair and deceptive practices.” Matthew Haverstick, a lawyer for Musk, did not immediately respond to text and phone messages seeking comment.

Musk, who owns Tesla, SpaceX and X, has gone all in with Trump in this election, saying he believes civilization is at stake. 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 allocated more than $70 million to super PACs to help Trump and other Republicans win in November.

Krasner accused Musk and his PAC in his lawsuit filed Monday of running a dubious lottery in the run-up to Tuesday’s election. Four of the top dozen winners appeared to be from Pennsylvania, perhaps the key prize in the close presidential race between Trump and Vice President Kamala Harris.

“Is it just a coincidence that this is the state with the most electoral votes? I don’t think so,” attorney John Summers argued Thursday.

Musk’s America PAC posts on its X platform indicate it has given out 13 $1 million checks since the first in Harrisburg, Pennsylvania, on Oct. 19. Other winners came from the battleground states of Wisconsin, Nevada, Arizona, Georgia, North Carolina. and Michigan. The lottery is scheduled to run until Election Day, open to registered voters in nearby states who sign a petition supporting the Constitution.

“They do things in the dark,” Summers told the judge. “We don’t know the rules that are followed. We don’t know how they’re supposed to pick people at random… It’s a scandal.”

Election law experts have questioned whether it violates federal law banning vote payments. Musk distributed the money as both a prize and earnings for work as the group’s spokesperson.

Krasner said he could still consider criminal charges because he is tasked with protecting both the lotteries and the integrity of elections.

Both Trump and Kamala Harris have made repeated visits to the state as they battle for Pennsylvania’s 19 electoral votes, and both plan more stops there before Tuesday.