Despite a judge’s order that “all parties must be present,” Tesla founder, X owner and billionaire Elon Musk did not appear in a Philadelphia courtroom Thursday after District Attorney Larry Krasner sued him over his super PAC’s plan to award $1 million a day to voters in key battleground states in the 2024 election.

Krasner and members of his office joined attorneys for Musk in Judge Angelo Foglietta’s civil courtroom at City Hall for a hearing Thursday at 10 a.m. ET.

Musk’s attorneys filed documents Wednesday night in the U.S. District Court in Philadelphia, a federal court, requesting the matter be moved to their jurisdiction – and out of the local Court of Common Pleas. A judge granted that transfer. 

Attorneys for Krasner said they would contest that recommendation.

“We will proceed to federal court and seek to address the issues there and have them addressed in state court. This is a case that addresses state law issues, and I’ll leave it at that,” said attorney John Summers.

Musk, who has campaigned with former President Donald Trump, has donated tens of millions of dollars to America PAC, a super PAC formed this summer to support the Republican candidate.

The lottery award goes to signers of a petition asking voters to support free speech and the right to bear arms. According to the super PAC’s website, at least 12 people have received $1 million awards, including four from Pennsylvania.

“The Philadelphia District Attorney is charged with protecting the public from public nuisances and unfair trade practices, including illegal lotteries. The DA is also charged with protecting the public from interference with the integrity of elections,” Krasner said in a statement after the civil suit was announced.

Days before Krasner filed the suit, the Justice Department sent a letter to the super PAC warning that it may be violating federal laws about paying voters.

This is a developing story and will be updated.