2024 election updates: Elon Musk not in attendance at hearing on his controversial giveaway

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Last updated: Thursday, October 31, 2024 6:28PM GMT
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With five days until Election Day, Kamala Harris is attacking Donald Trump for saying Wednesday night in Wisconsin that, against his advisers' advice, he is going to keep saying he will "protect the women" "whether the women like it or not."

Both candidates continue their whirlwind campaigns in the West.

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Oct 31, 2024, 11:10 AM

More than 59 million Americans have voted early

As of 5:45 a.m. on Thursday, more than 59 million Americans have voted early, according to the Election Lab at the University of Florida.

Of the total number of early votes, 31,018,125 were cast in person and 27,952,363 were returned by mail.

The voting line wraps around the building at Philadelphia City Hall after a Party to the Polls Purple Tour event.
The voting line wraps around the building at Philadelphia City Hall after a Party to the Polls Purple Tour event.
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2:37 PM GMT

Where the candidates are campaigning 5 days out from Election Day

Vice President Harris will hold events at 4:20 p.m. ET in Phoenix, Arizona, and at 8:25 p.m. ET in Reno, Nevada.

Her final event of the day in Las Vegas will include remarks by Jennifer Lopez and a performance by ManĂ¡.

Trump is holding a 2:00 p.m. ET rally in Albuquerque, New Mexico, and a 6:30 p.m. ET rally in Henderson, Nevada, before joining Tucker Carlson for a hurricane relief benefit in Arizona.

12:41 PM GMT

Musk asks for $1 million lottery case to be moved to federal court

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 principally 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.

Elon Musk speaks as part of a campaign town hall in support of Republican presidential nominee former President Donald Trump in Folsom, Pa., Thursday, Oct. 17, 2024.
Elon Musk speaks as part of a campaign town hall in support of Republican presidential nominee former President Donald Trump in Folsom, Pa., Thursday, Oct. 17, 2024.

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

11:00 AM GMT

Harris responds to Trump's comments on protecting women

Vice President Kamala Harris seized an opportunity to criticize former President Donald Trump on abortion after the Republican presidential nominee told a rally Wednesday night that he would protect women "whether the women like it or not."

"Donald Trump thinks he should get to make decisions about what you do with your body," Harris wrote on X. "Whether you like it or not."

Harris's campaign clipped Trump's comments and edited it into a loop with a split screen of headlines about Trump saying "he could prosecute women for abortions," "might monitor pregnancies" and other abortion-related headlines.

-ABC News' Fritz Farrow, Gabriella Abdul-Hakim and Will McDuffie

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11:10 AM GMT

More than 59 million Americans have voted early

As of 5:45 a.m. on Thursday, more than 59 million Americans have voted early, according to the Election Lab at the University of Florida.

Of the total number of early votes, 31,018,125 were cast in person and 27,952,363 were returned by mail.

The voting line wraps around the building at Philadelphia City Hall after a Party to the Polls Purple Tour event.
The voting line wraps around the building at Philadelphia City Hall after a Party to the Polls Purple Tour event.