PHILADELPHIA — A legal battle over Elon Musk’s million-dollar-a-day drawing is back in Pennsylvania state court, a loss for the billionaire, after a federal judge ruled Friday that ‘he had no jurisdiction.

Philadelphia District Attorney Larry Krasner wants to continue his fight to stop the giveaways in state court, calling it a violation of state lottery laws. Musk had argued that the case belongs in federal court because it involves allegations of interference in federal elections. A judge set a hearing for 10 a.m. Monday. It was not immediately clear whether Musk would attend, although Krasner had previously argued that Musk should appear in court.

Musk’s political organization, which aims to boost Donald Trump’s presidential campaign, held the sweepstakes to encourage people to register to vote in key battleground states.

With Tuesday’s presidential election just days away, the case now returns before Judge Angelo Foglietta, who held a brief hearing Thursday in a Philadelphia City Hall courtroom. No further hearings have been immediately scheduled.

U.S. District Judge Gerald J. Pappert, a former Republican attorney general of Pennsylvania appointed to the federal bench by President Barack Obama, issued the ruling Friday.

“Defendants assert that references in the complaint to “the upcoming federal presidential election” show that the lawsuit necessarily raises questions of federal law. But federal question jurisdiction does not depend on the plaintiff’s motivations for bringing suit; it depends on whether the legal issues arising from the claims arise under federal law or state law,” Pappert wrote.

Krasner’s attorney, John Summers, said in a statement that he will now ask Foglietta “to issue an injunction to stop defendants’ lottery and unfair and deceptive practices.” Matthew Haverstick, Musk’s lawyer, did not immediately respond to text and phone messages seeking comment.

Musk, who owns Tesla, SpaceX and to his super PAC, which can raise and spend unlimited amounts of money. He committed more than $70 million to the super PAC to help Trump and other Republicans achieve victory in November.

Krasner accused Musk and his PAC in his lawsuit filed Monday of running a questionable lottery in the run-up to Tuesday’s election. Four of the top 12 winners appeared to be from Pennsylvania, perhaps the key prize in the tight presidential race between Trump and Vice President Kamala Harris.

“Is it just a coincidence that this is the state that gets the most electoral votes? I don’t think so,” lawyer John Summers argued Thursday.

Posts from Musk’s America PAC on his X platform indicate that he has distributed 13 $1 million checks since the first one in Harrisburg, Pennsylvania, on October 19. Other winners came from the battleground states of Wisconsin, Nevada, Arizona, Georgia and North Carolina. and Michigan. The drawing is expected to run through Election Day, open to registered voters in states too close to call who sign a petition in support of the Constitution.

“They do things in the dark,” Summers told the judge. “We don’t know the rules followed. We don’t know how they’re supposed to pick people at random… It’s a scandal.”

Election law experts question whether this violates federal law prohibiting payment for votes. Musk made the money both a prize and a salary for his work as the group’s spokesperson.

Krasner said he might still consider criminal charges because he is charged with protecting both lotteries and the integrity of elections.

Trump and Kamala Harris have made repeated visits to the state as they fight for Pennsylvania’s 19 electoral votes, and both are planning several more stops there before Tuesday.