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A judge in Pennsylvania on Thursday declined to block Elon Musk’s $1 million giveaway while a federal court weighs whether to consider the matter.

Judge Angelo Foglietta said he would place the lawsuit on hold, according to Reuters.

Musk was ordered to attend the hearing but didn’t show up.

Philadelphia District Attorney Larry Krasner sued Musk and his America PAC on Monday, asserting that its $1 million giveaway violated state law because it allegedly operated as a lottery. Under Pennsylvania law, all lotteries must be regulated by the Commonwealth.

Musk has defended the giveaway program as stating that the winner “can be from any or no political party,” and that they do not even need to vote. Instead registered voters have to sign a petition in support of the First and Second Amendments of the U.S. Constitution.