A federal judge has ordered Elon Musk to sit for sworn testimony in two proposed class action lawsuits that accuse him of deceiving voters in battleground states ahead of the 2024 presidential election through a $1 million-per-day cash giveaway.
U.S. Magistrate Judge Susan Hightower, based in Austin, Texas, issued the ruling Thursday. She also recommended that Musk and his political action committee, America PAC, continue to face a fraud allegation in one of the cases — specifically, that they tricked voters into handing over personal identifying information as part of the giveaway promotion. However, she recommended that a breach of contract claim tied to that same case be thrown out.
Attorneys representing Musk did not respond to requests for comment. Lawyers for the plaintiffs either had no immediate response or declined to comment.
The two plaintiffs — Joy Harvick and Jacqueline McAferty, both residents of Arizona — allege that Musk and America PAC misled voters across seven swing states. The women claim they were encouraged to sign a petition supporting the U.S. Constitution under the impression that $1 million winners would be selected at random, like a lottery drawing.
According to the plaintiffs, voters never had a genuine shot at winning. Citing testimony from one of Musk’s own attorneys, the plaintiffs noted that the 18 people who received the money were handpicked — not randomly drawn — because they were seen as potentially effective spokespeople for America PAC.
Musk created America PAC to back Republican Donald Trump’s successful bid for the presidency in 2024. He unveiled the giveaway during an October town hall event held in Pennsylvania. Musk is also recognized as the wealthiest person on the planet, with business ventures that include electric vehicle manufacturer Tesla and the rocket and satellite company SpaceX.
In recommending that McAferty’s fraud claim be allowed to proceed, Judge Hightower noted that it remains an unresolved question whether Musk was acting recklessly when he described the prize selection as “random.”
Hightower highlighted testimony from America PAC Director Christopher Young, who said during a February 2026 deposition that he was caught off guard by Musk’s word choice. “It was not the way that we had — you know, with legal counsel and consultation, discussed the program and how it would run,” Young stated.
U.S. District Judge Robert Pitman, also in Austin, will now review Hightower’s recommendations. Separately, Musk and America PAC are seeking dismissal of Harvick’s lawsuit, a motion that Judge Pitman will rule on independently.
