On Wednesday, a federal judge ordered Elon Musk to face a lawsuit from voters accusing him of deceitfully convincing them to sign a petition supporting the U.S. Constitution for a chance to win his $1 million-a-day giveaway.
U.S. District Judge Robert Pitman in Austin, Texas ruled that Jacqueline McAferty made a plausible case in her class action suit, alleging that Musk and his political action committee, America PAC, improperly obtained her personal information during the 2024 election campaign.
Representatives for Musk and America PAC did not immediately comment on the matter.
Musk established America PAC to support Donald Trump’s victorious 2024 presidential campaign.
McAferty, from Arizona, claimed that Musk and America PAC persuaded voters in seven key states to sign the petition by promising $1 million prizes, chosen randomly like a lottery, although voters had no genuine chance of winning.
She stated that voters who signed were also required to provide their names, addresses, email addresses, and phone numbers.
In his defense, Musk cited several “red flags” to argue he did not conduct an illegal lottery.
He noted that the $1 million recipients were “selected to earn” the money and were expected to act as America PAC spokespeople, countering the notion of it being a “prize.”
However, the judge pointed out other statements indicating the defendants were “awarding” the $1 million, suggesting the money could be “won.”
“It is plausible that the plaintiff reasonably believed the statements to mean the defendants were genuinely offering her a chance to enter a random lottery, even if that wasn’t their intention,” Pitman noted.
Judge Pitman was appointed by President Barack Obama in 2014.
Musk also argued that providing contact information did not harm petition signers. Pitman stated an expert could testify regarding the value of such information for voters in battleground states.
The lawsuit was filed on Election Day, November 5, 2024.
The day before, a Philadelphia judge denied a request to halt Musk’s giveaway, citing insufficient proof from the city’s prosecutor that it was an illegal lottery.
Musk resides in Texas, where his electric car company, Tesla, is headquartered in Austin.
