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Elon Musk was ordered to attend the hearing in Philadelphia; Prosecutor Larry Krasner calls for more security

Elon Musk was ordered to attend the hearing in Philadelphia; Prosecutor Larry Krasner calls for more security

PHILADELPHIA – The judge overseeing the lawsuit against Elon Musk and his $1 million gift to registered voters who sign a petition supporting the First and Second Amendments has moved up the hearing in the case to 10 a.m. Thursday Friday's appointment has been brought forward, a new report says.

Philadelphia Judge Angelo Foglietta's order states that “all parties must be present.”

RELATED: Philadelphia district attorney sues super PAC Elon Musk over controversial $1 million giveaways

Matthew Haverstick, one of several lawyers representing the defendants, declined to say late Wednesday whether Musk would attend the hearing.

Philadelphia District Attorney Larry Krasner speaks to members of the media during a news conference on October 13, 2022 in Philadelphia. (AP Photo/Matt Rourke, File)

Philadelphia District Attorney Larry Krasner filed the lawsuit against Musk to stop the America PAC sweepstakes.

The drawing is open to people in battleground states who sign a petition supporting the Constitution.

SEE ALSO: Justice Department warns Elon Musk that his $1 million donation to registered voters may violate federal law

Krasner said he could still consider criminal charges and said his job is to protect the public from both illegal lotteries and “interference with election integrity.”

Election law experts have questioned whether it violates federal law that prohibits someone from paying others to vote. Musk viewed the money as both a prize and a reward for his work as the group's spokesman.

Krasner said in the lawsuit that America PAC and Musk “indisputably violated Pennsylvania's statutory prohibitions against illegal lotteries and defrauding consumers.”

Elon Musk speaks during a town hall meeting in support of Republican presidential candidate, former President Donald Trump, in Folsom, Pennsylvania, Thursday, October 17, 2024.

(AP Photo/Matt Rourke)

The Philadelphia District Attorney's Office has also asked the judge overseeing the case to “increase his security” for the upcoming hearing.

Krasner said Musk's post about the case on X “triggered an avalanche of posts,” including “anti-Semitic attacks” against the prosecutor.

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One account “incited political violence” and published Krasner’s home address, the filing said.

“These posts, which are undoubtedly criminal … and continue to be published on Musk's X website today,” the filing says.

Another post said: “Krasner loves visitors. Wear a mask and leave all cell phones at home,” the filing states.

“The instructions to mask up and leave all cell phones at home are intended to prevent illegal actors from being identified via video, eyewitnesses, and cell phone geolocation,” the filing states.

SEE ALSO | Judge extends deadline to apply for absentee ballots in Bucks Co. following Trump campaign lawsuit

Federal law excludes anyone who “pays, offers to pay, or accepts payment either to register to vote or to vote.” The penalty is a maximum fine of $10,000 or up to five years in prison.

Several experts ABC News spoke with following Musk's announcement of the giveaway said it was an unclear area of ​​the law.

“I've gone back and forth about it,” Richard Briffault, a law professor at Columbia University Law School, told ABC News. “It clearly violates the spirit of the law, but it’s not 100 percent clear to me that it violates the letter of the law.”

Other experts, like Doug Spencer, an election law professor at the University of Colorado, said, “It seems like it's really crossing the line.”

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

Musk, who founded SpaceX and Tesla and is the owner of his super PAC, which can raise and spend unlimited amounts of money, is leading much of the effort to get Trump elected.

He gave more than $70 million to the super PAC to help Trump and other Republicans win in November.

Representatives for Musk did not immediately respond to ABC News for comment.

AP and ABC News' Olivia Rubin contributed to this report.

Copyright © 2024 ABC News Internet Ventures.

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