Elon Musk not in attendance at the hearing on his controversial giveaway

In a filing late Wednesday evening, Elon Musk sought to have the lawsuit against his $1 million giveaway moved into federal court, arguing the claims “turn mainly on the allegation that defendants are somehow unlawfully interfering with a federal election.”

Philadelphia District Attorney Larry Krasner has accused Musk and his America PAC of running an illegal lottery and violating state consumer protection laws.

The filing specifically states “this is not a case” about whether or not Musk violated state or federal laws that prohibit vote buying.

But Musk’s Wednesday filing notes the lawsuit’s repeated references to the upcoming presidential election. That includes Krasner’s claim that Musk and his PAC “hatched their illegal lottery scheme to influence voters in that election.”

“The complaint, in truth, has little to do with state-law claims of nuisance and consumer protection,” Musk’s attorney wrote in his filing.

“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 filing argues any order in the case would “require judicial intervention into the progress of an ongoing federal election” — a move they say is not allowed.

The filing comes before a Thursday morning hearing in Philadelphia on the issue.

-ABC News’ Olivia Rubin