Judge Says Elon Musk Must Face Voter Fraud Suit Over $1 Million Giveaway

A federal judge in Austin, Texas has ordered Elon Musk to face a proposed class-action lawsuit alleging he defrauded voters with a $1 million-a-day giveaway tied to the final days of the 2024 U.S. presidential race. U.S. District Judge Robert Pitman ruled the plaintiffs’ claims are plausible, rejecting Musk’s bid to dismiss the case. Lead plaintiff Jacqueline McAferty says Musk and his political action committee, America PAC, enticed voters in seven battleground states to sign a petition pledging support for the U.S. Constitution, promising that daily $1 million recipients would be chosen at random. Signers were required to provide names, addresses, email addresses and phone numbers, information the suit contends was harvested for campaign purposes even though participants allegedly had no real chance of winning. Musk argued that language describing winners as being “selected to earn” the money and expected to serve as PAC spokespeople showed the promotion was not a lottery. Judge Pitman cited other statements referring to the payments as prizes that could be “won,” concluding a reasonable voter could believe a legitimate lottery existed. The case, filed on Election Day 2024, proceeds in the Western District of Texas as McAferty v. Musk et al., No. 24-01346. Musk and America PAC have not commented on the ruling.