A Pennsylvania judge on Monday refused the Philadelphia district attorney’s request to block daily $1 million giveaways from Elon Musk’s pro-Trump super PAC in the lead-up to the election. 

Judge Angelo Foglietta refused to block the giveaways in a one-page order with no explanation. He said he would detail his reasoning in writing separately.

The decision comes just one day before Election Day, the final day that America PAC plans to hand out a $1 million check to a registered swing state voter.  

Musk’s lawyer Chris Gober argued at Monday’s hearing that the super PAC does not choose winners at random but rather for their potential as spokespeople, seeking to contradict Philadelphia District Attorney Larry Krasner’s (D) accusation that it is running an “illegal lottery.” 

“The $1 million recipients are not chosen by chance. We know exactly who will be announced as the $1 million recipient today and tomorrow,” Gober said, according to The Associated Press. 

He also noted that America PAC’s final giveaways will go to registered voters in Arizona and Michigan and will not impact Pennsylvania.  

The super PAC launched the giveaway in late October. Registered voters in seven swing states, including Pennsylvania, who signed the PAC’s petition supporting free speech and the right to bear arms were eligible. 

America PAC has handed out 16 checks worth $1 million each so far, with four going to registered voters in Pennsylvania. 

Krasner sued Musk and his super PAC last week, accusing them of running an “illegal lottery” under Pennsylvania state law and asking the court to put the giveaways on hold ahead of the election. 

The Philadelphia district attorney said Monday he would also seek financial penalties against Musk and America PAC, according to Reuters. 

Musk’s lawyers attempted to move the case to federal court. However, U.S. District Judge Gerald Pappert rejected the request Friday, sending the case back to state court and allowing a hearing to proceed before Election Day. 

The billionaire CEO of Tesla and SpaceX was not at Monday’s hearing. Musk has played a key role in supporting former President Trump, whom Musk endorsed in July. His super PAC has been central to the Trump campaign’s ground game in swing states.