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The billionaire and the America PAC were accused by Philadelphia District Attorney Larry Krasner of running an illegal lottery.

PHILADELPHIA—A judge has denied Philadelphia District Attorney Larry Krasner’s request to block the $1 million giveaway program that billionaire Elon Musk and America PAC have been operating in the lead-up to the Nov. 5 election.

Philadelphia County Court of Common Pleas Judge Angelo Foglietta issued the denial after a Nov. 4 hearing that was prompted by Krasner’s civil lawsuit against Musk and America PAC.

Krasner had accused Musk and America PAC of running an illegal lottery, which he said created a public nuisance, and violating a state consumer protection law. The program is set to conclude on Election Day, Nov. 5.

The two sides had a brief hearing on Oct. 31, but Foglietta decided that he had been divested of jurisdiction after Musk filed to move the case to federal court. A federal judge sent the case back to state court the following day, and Foglietta quickly responded by scheduling a hearing for Nov. 4.

Foglietta said at the beginning of the hearing that because another day remained for the program, he didn’t think the case was moot. Musk was not in the courtroom, located within Philadelphia City Hall.

This is a breaking story and will be updated.