Elon Musk failed to show up to a required hearing in a Philadelphia case challenging his $1m-a-day sweepstakes. His absence would have risked contempt of court had the case continued in Pennsylvania court, but it was moved to federal court in response to a motion filed by Musk’s attorneys, who did attend the hearing.

On Wednesday, the judge had ordered all parties to attend the Thursday – morning hearing. Musk’s attorneys filed a motion to shift the suit from Pennsylvania state court to federal court in a filing late on Wednesday, which was granted shortly after Musk did not appear. Lawyers for the Philadelphia district attorney’s office said they would request the case be returned to state court.

Musk’s lawyers had argued that state court was not the proper venue and that the Philadelphia district attorney was engaging in thinly veiled electioneering.

“Rather, although disguised as state law claims, the complaint’s focus is to prevent defendants’ purported ‘interference’ with the forthcoming federal presidential election by any means,” the Tesla CEO’s attorneys wrote.

A spokesperson for the Philadelphia district attorney, Larry Krasner, said on Thursday the initial hearing at city hall was still scheduled. In the original suit, Krasner argued that Musk’s petition and associated contest were “indisputably violating” specific Pennsylvania laws against illegal lotteries. Musk’s attorneys said he was engaging in legally protected political speech and spending.

The cash giveaways come from Musk’s political organization, which aims to boost Donald Trump’s presidential campaign in the vital swing state, which is seen as a key to victory by both Trump and his opponent, Kamala Harris.

Krasner, a Democrat, filed suit on Monday to stop the America Pac sweepstakes, which is set to run through election day and is open to registered voters in swing states who sign a petition supporting the constitution. Musk has been tweeting photographs of the winners holding novelty checks.

Krasner has said he could still consider criminal charges, saying he is tasked with protecting the public from both illegal lotteries and “interference with the integrity of elections”.

Election law experts have raised questions about whether Musk’s drawing violates a federal law barring someone from paying others to vote. Musk has cast the money as both a prize as well as earnings for work as a spokesperson for the group.