Elon Musk Sued Over $1 Million Election Lottery Allegations

SpaceX and Tesla CEO Elon Musk has been ordered by an American federal judge to stand trial for a suit filed by voters who accused him of deceiving them into signing a petition in favor of the US Constitution with the expectation of gaining his $1 million-a-day sweepstakes.

The plaintiff argues that winners were predetermined, but Musk advertised the effort as a lottery giving people a chance to win, reports have said.

US District Judge Robert Pitman in Austin, Texas, said Jacqueline McAferty, from Arizona, has made a valid claim in her filed class-action lawsuit against Musk and his political action committee, America PAC.

McAferty claimed that America PAC improperly solicited her to give personal identifying information during the giveaway, which occurred late in the 2024 election campaign.

She alleged that Musk and America PAC spoofed voters in seven swing states, enticing them to sign his petition by offering a random draw of $1 million winners—basically a lottery—when participants had no actual hope of doing so. Voters had to provide their names, addresses, email addresses, and phone numbers, McAferty claimed.

Neither America PAC nor Musk's lawyers responded to requests for comment on the ruling, according to several media outlets. America PAC was established by Musk to fund Republican candidate Donald Trump's 2024 presidential campaign.

Musk made the case in the court hearing that the PAC had announced $1 million winners were "chosen to earn" the funds and were required to act as America PAC spokespersons. Musk asserted that the wording explicitly indicated that the funds were not a "prize" and requested the case be dismissed, alleging no illegal lottery had been conducted.

But Judge Pitman referred to other PAC statements that announced the $1 million was being "awarded" and could be "won." The judge added that the plaintiff probably based her actions on these declarations and thought she stood a chance of participating in a random lottery, no matter the PAC's original intent.

Musk also dismissed the accusation that petition signers were injured by divulging their personal information. Pitman did say, though, that an expert in political data brokering could testify to the possible utility of that information for voters in key states.