Elon Musk Sued Over $1 Million Election Giveaway

Arizona resident Jacqueline McAferty has filed a class-action lawsuit against Elon Musk and his pro-Trump organization, America PAC, in a federal court in Texas. The lawsuit claims that the PAC's much-publicized lottery—offering $1 million daily to registered voters in key swing states—was fraudulent.

McAferty’s lawsuit came just one day after a judge in Philadelphia rejected the city’s bid to compel Musk to end the lottery, and appears to have been prompted by Musk's legal defense in the Philadelphia case.

According to McAferty’s filing in Austin, Musk misrepresented the lottery as a random drawing when, in reality, the winners were allegedly pre-selected. This claim is backed by statements made in court by Chris Gober, a Republican attorney and former treasurer for America PAC, as identified by CNBC.

“The $1 million recipients are not chosen by chance,” Gober testified on Monday during the Philadelphia hearing. “We know exactly who will be announced as the $1 million recipient today and tomorrow.” This statement directly contradicted Musk’s previous assurance at a Pennsylvania rally that winners would be chosen “randomly.”

The complaint notes that McAferty signed America PAC’s petition on October 20th—the same day Musk unveiled the lottery. It alleges Musk’s “false statements” were intended to lure people into signing the petition, which the complaint describes as a ploy to collect users' personal data. McAferty accuses Musk of fraud and breach of contract, claiming the contest was never about a fair chance to win, but rather a scheme to gather data under false pretenses.

To participate, voters were required to provide their full name, email address, mailing address, and cell phone number. The complaint states that the petition “does not restrict America PAC’s use or sale of the personal data it collects,” nor does it clarify any intended use of the data, raising further concerns about the organization’s motives.