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A judge in Pennsylvania refused to immediately block Elon Musk's $1 million donation to voters ahead of the US presidential election.
During a hearing in Pennsylvania, Judge Angelo Foglietta said he would stay the lawsuit while a federal court considers whether to hear the case.
The decision to move the case gives the billionaire the opportunity to continue the gifts, as the case is unlikely to be resolved before Tuesday's election.
The billionaire entrepreneur, who is spending large sums to support Donald Trump, was ordered to attend the hearing, but did not appear, writes skynews.
Philadelphia District Attorney Larry Krasner is seeking to stop the grant less than a week before a close presidential election between Trump and Democratic nominee Kamala Harris.
Krasner, who has promoted progressive causes while running for attorney general, accuses Tesla CEO Musk and the political action committee, America PAC, of running an "illegal lottery scheme to influence voters."
Musk has given out $1 million checks to randomly selected people who sign a petition in support of free speech and gun rights.
The offer is limited to registered voters in one of the seven states expected to decide the outcome of the election – Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania and Wisconsin.
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