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Read Full BioA judge in Texas has declined Elon Musk’s motion to dismiss a lawsuit alleging he tricked voters into signing a petition by offering entry into a $1 million daily lottery.
Musk had encouraged voters to sign an America PAC petition that pledged their support for the First and Second Amendments, which protect the right to free speech and the right to bear arms. In exchange for signing the petition and providing personal information, Musk promised entry to a lottery to win $1 million.
As it turned out, the winners were hand-picked and signed a contract to serve as spokespeople for the PAC. The lawsuit, filed by plaintiff Jacqueline McAferty, alleges this was deception, and U.S. District Judge Robert Pitman accepted that this is a legitimate claim.
Judge Pitman commented: “(T)he court finds it is plausible that she would rely on Musk’s assertion that $1 million would be given out randomly.”
Musk Misled With Social Media Posts
The court documents note that the PAC initially promised $47 for every referral that signed the petition.
Then, at a town hall on October 19 in Pennsylvania, Musk went a step further and declared: “I have a surprise for you, which is that we’re going to be awarding one million dollars, randomly, to people who have signed the petition. Every day from now until the election.”
In a since-deleted post on X, Musk followed the promise up by stating: “Every day, from now through Nov 5, @America PAC will be giving away $1M to someone in swing states who signed our petition to support free speech & the right to bear arms! We want to make sure that everyone in swing states hears about this and I suspect this will ensure they do.”
The complaint argues that the personal identifiable information (PII) held value, and Musk extracted that valuable information through illegal means.
PAC Admit Winners Were Selected, Not Randomly Chosen
The campaign previously faced a legal challenge as it was claimed the promise of a potential $1 million in winnings could be construed as voter bribery. In the case heard in Philadelphia, America PAC lawyer Chris Gober told a judge that there was “no prize to be won” at all, and that recipients instead “must fulfill contractual obligations.”
The revelation that all those signing the petition did not have a chance to win $1 million could add strength to the claim filed in Texas. In the lawsuit, McAferty stated that had “she been aware that she had no chance of receiving $1 million, she would not have signed or supported the [petition] and would not have provided her PII to Defendants.”
Campaign Triggers Series of Lawsuits
The campaign by Musk and the America PAC has caused a series of lawsuits in multiple states, including:
- Michigan fraud Class Action – tossed by judge
- Philadelphia illegal lottery District Attorney’s lawsuit – dismissed by judge
- Pennsylvania Class Action alleging unpaid petition – still pending
- Wisconsin lawsuit alleging voter bribery – still pending
- Pennsylvania federal lawsuit alleging data misuse – still pending
The campaign was only run in the swing states of Pennsylvania, Georgia, Nevada, Arizona, Michigan, Wisconsin, and North Carolina.
Trump won in all seven of the key states before a public falling out with Musk over his Big Beautiful Bill, which Musk called a “disgusting abomination.”
The bill has also sparked controversy in the gambling industry over an amendment that allows gamblers to deduct 90% of their losses from winnings before paying tax. Mike Pence has led a group supporting the tax, while two bills seeking to reverse it have been filed in the House and Senate.
Dismissals in prior cases suggest that it may be a challenge for the lawsuit in Texas to result in a favorable ruling for the plaintiff. Still, the legal battles may not end there, even if the judge eventually decides in favor of Musk.
