Judge allows voter suit against Elon Musk to proceed
A U.S. judge in Texas has ordered that Elon Musk should defend himself in a suit from voters alleging that he operated an unlawful election lottery during the 2024 campaign. The lawsuit alleges that Musk and his organization, America PAC, encouraged individuals to sign a petition “in support of the U.S. Constitution” in exchange for winning $1 million each day.
U.S. District Judge Robert Pitman of Austin declared the claims plausible, hence the case will proceed. Attorneys representing Musk and America PAC could not be reached for comment.
What the lawsuit states
The first plaintiff, Jacqueline McAferty of Arizona, sued on Election Day, Nov. 5, 2024. She claims that Musk’s campaign staff encouraged voters in seven competitive states to sign the petition and provide their name, address, email, and phone number. She claims voters were informed winners would be randomly selected, like a lottery, but that voters “had no real chance” to win.
The lawsuit also claims that the giveaway assisted the PAC in collecting precious voter information while leading individuals to believe they were participating in a fair draw. Musk founded America PAC in order to fund Donald Trump’s 2024 campaign.
Why did the judge allow it to move forward
Musk defended the promotion was not a lottery. He explained that posts and materials indicated recipients were “selected to earn” the money and were going to be PAC spokespeople, making it not a prize. But the judge added that there were other messages that contained the use of words such as “awarding” money that would be able to “be won.” He explained that it would be understandable if the voter thought it was a random lottery offering.
The judge added that an expert in political data could also testify regarding the worth of the contact information gathered from voters in swing states. That is, relinquishing that data can qualify as a harm, not merely a harmless registration.
A companion ruling in Philadelphia
A day prior to this Texas decision, a Philadelphia judge declined to shut down Musk’s giveaway, stating the city’s highest prosecutor had failed to demonstrate it was an illegal lottery. That instance was regarding halting the promotion right away. The Texas case is a civil case that may result in damages.
With the judge’s ruling, the case proceeds to discovery. The parties can request records, emails, and messages regarding the $1 million-a-day offer and how winners were allegedly selected. The case could subsequently go to trial, or the parties might attempt to negotiate a settlement.
FAQs
- What is the lawsuit about?
Voters complain that Elon Musk and America PAC operated an unlawful lottery by providing an opportunity to win $1 million in return for signing a petition and providing personal contact information.
- How did the judge allow it to go on?
It’s possible voters were being made to think the giveaway was a random drawing, the judge said, citing language such as “win” and “awarding,” even though Musk’s staff now maintains it wasn’t a prize.
- What damage do voters say?
They maintain that they were deceived and were forced to surrender valuable personal information (name, address, email, phone). A specialist might clarify how much information is worth in elections.
- Did Musk or America PAC have a comment?
Not so far. Their attorneys didn’t return calls for comment.
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