A federal judge has ordered Elon Musk to testify under oath in two proposed class-action lawsuits accusing him of misleading voters with his headline-grabbing $1 million-a-day election giveaway.
U.S. Magistrate Judge Susan Hightower issued the ruling, mandating Musk to sit for a deposition as the lawsuits advance. One plaintiff may pursue a fraud claim, alleging Musk and his political action committee, America PAC, duped voters into providing personal information by falsely advertising the giveaway as random. A separate breach-of-contract claim is recommended for dismissal.
The lawsuits were initiated by Arizona residents Joy Harvick and Jacqueline McAferty, who assert that Musk and America PAC misled voters across seven battleground states during the 2024 presidential campaign.
Voters were allegedly encouraged to sign a petition supporting the U.S. Constitution under the pretense that $1 million winners would be selected "randomly," akin to a lottery. The plaintiffs contend that the selection process was not random, citing a statement from one of Musk's lawyers indicating that the 18 winners were chosen because they "might be good spokespeople for America PAC."
Musk established America PAC to back Donald Trump's successful 2024 presidential campaign and announced the giveaway during an October town hall in Pennsylvania.
Judge Hightower noted that it remains uncertain whether Musk acted recklessly by repeatedly labeling the payouts as random. She referenced testimony from America PAC Director Christopher Young, who expressed surprise during a February 2026 deposition at Musk's description, stating it did not align with how the program was designed after legal consultations.
U.S. District Judge Robert Pitman will now determine whether to adopt Hightower's recommendations and will also rule on Musk and America PAC's request to dismiss Harvick's lawsuit.
Lawyers for Musk and the plaintiffs did not immediately respond to requests for comment.
