(ABC 6 News) — A challenge was scheduled for Thursday morning to billionaire Elon Musk’s million dollar sweepstakes rewarding daily prizes to people who agreed to join his PAC petition set up to back Donald Trump in his election effort.

Only voters in swing states are eligible, and the challenged was scheduled to be seen before a Philadelphia judge. However, Musk was a no-show with his lawyers claiming he was too busy to attend.

Musk is seeking to take the case to a federal court, arguing the state court has no jurisdiction.

Sources tell ABC News the Justice Department has sent a letter warning Musk his giveaway may violate federal law against paying people to vote.