A Pennsylvania judge ruled that Elon Musk can continue his daily $1 million giveaway to registered voters in swing states through Tuesday’s presidential election.

Common Pleas Court Judge Angelo Foglietta denied Philadelphia District Attorney Larry Krasner’s request to issue an injunction and stop the controversial giveaway. Foglietta didn’t immediately explain his reasoning. The ruling came after Musk’s lawyers claimed the winners were paid spokespeople and not selected by chance.

Krasner filed the suit last week, calling Musk’s efforts an “illegal lottery scheme.”

Musk and America PAC launched the daily $1 million giveaway on October 19 for voters in certain swing states. They ask registered voters to share personal identifying information (such as a cellphone number and address) and to sign a petition pledging support for the Constitution and the right to bear arms. They are then eligible to be selected “randomly” to win $1 million, though an attorney for Musk and America PAC said winners were actually preselected.

“The $1 million recipients are not chosen by chance,” Musk lawyer Chris Gober said Monday. “We know exactly who will be announced as the $1 million recipient today and tomorrow.”

America PAC director Chris Young testified that the winners were vetted in order to “feel out their personality [and] make sure they were someone whose values aligned” with Musk’s group.

Musk’s America PAC has already given away 17 different $1 million checks to registered voters. One more winner will be announced on Election Day.