U.S. District Judge Robert Pitman has ruled that Elon Musk must face a lawsuit brought by voters who claim they were defrauded during the 2024 U.S. presidential campaign by a misleading $1 million-a-day giveaway. The lawsuit, filed by Arizona resident Jacqueline McAferty, alleges that Musk and his political action committee, America PAC, falsely promised voters a chance to win $1 million in exchange for signing a petition supporting the U.S. Constitution.
The giveaway, which ran in the final days leading up to the 2024 election, targeted voters in seven battleground states. Participants were required to provide personal information including names, addresses, emails, and phone numbers. According to the complaint, recipients were not selected randomly as advertised, but were instead handpicked to serve as spokespeople for America PAC, which supported Donald Trump’s successful presidential bid.
Judge Pitman stated that the plaintiff “plausibly alleged” that Musk’s promotion of the sweepstakes constituted a deceptive inducement, and that voters may have reasonably believed they were entering a legitimate lottery. The court also allowed McAferty to pursue claims of fraud and breach of contract, though it dismissed allegations under the Texas Deceptive Trade Practices Act.