Musk asks to move $1 million lottery case to federal court

In a filing late Wednesday evening, Elon Musk sought to have the lawsuit against his $1 million giveaway moved to federal court, arguing that the claims are “based primarily on the allegation that Defendants are somehow unlawfully interfering with federal elections.”

Philadelphia District Attorney Larry Krasner has accused Musk and his America PAC of running an illegal lottery and violating state consumer protection laws.

The filing specifically states that “this is not a case” on whether Musk violated state or federal laws prohibiting vote buying.

But Musk’s filing on Wednesday notes the lawsuit’s repeated references to the upcoming presidential election. This includes Krasner’s claim that Musk and his PAC “devised their illegal lottery scheme to influence voters in that election.”

“The complaint actually has little to do with claims of public nuisance and consumer protection under state law,” Musk’s attorney wrote in his filing.

“While the complaint is disguised as state law claims, its focus is to prevent in any way Defendants’ alleged ‘interference’ in the upcoming federal presidential election.”

The filing states that any order in the case would “require judicial intervention in the progress of an ongoing federal election” – a step they say is not allowed.

The filing comes ahead of a Thursday morning hearing in Philadelphia on the issue.

-ABC News’ Olivia Rubin