A U.S. federal judge has ordered Elon Musk to testify under oath in two proposed class-action lawsuits. These lawsuits allege he defrauded voters in critical swing states before the 2024 U.S. election. The core of the accusation is that Musk promised a $1 million-a-day giveaway that was not random as advertised.
U.S. Magistrate Judge Susan Hightower in Austin, Texas, issued the decision on Thursday, June 26, 2026. Judge Hightower also recommended that one of the lawsuits proceed with a claim. This claim states Musk and his political action committee, America PAC, tricked voters into providing personally identifiable information. This action was part of the giveaway promotion. Conversely, a related breach-of-contract claim should be dismissed, according to the judge's recommendation.
This case fits into a broader pattern of scrutiny regarding political advertising and data collection in elections. The integrity of voter engagement campaigns, particularly those involving large financial incentives, faces increasing legal and public examination. Data privacy concerns remain a significant issue for regulators and the public. Protecting personal information gathered during political activities is a growing focus across many jurisdictions.
Plaintiffs Joy Harvick and Jacqueline McAferty, both from Arizona, claim Musk and America PAC misled voters. They allege that voters in seven swing states were induced to sign a petition to support the U.S. Constitution. They stated the $1 million recipients would be chosen "randomly" like in a lottery. Musk founded America PAC to support Donald Trump's successful 2024 presidential run. He announced the giveaway at a Pennsylvania town hall in October of that year.
Judge Hightower called it an open question whether Musk acted recklessly. This was in reference to his statement that payouts would be made "randomly." America PAC Director Christopher Young testified in a February 2026 deposition. He expressed surprise at Musk's choice of words. He said, "It was not the way that we had — you know, with legal counsel and consultation, discussed the program and how it would run."
U.S. District Judge Robert Pitman in Austin will review Judge Hightower's recommendations. Judge Pitman will also decide on Musk and America PAC's motion to dismiss Harvick's case. Investors and market watchers will closely monitor the outcome of these legal proceedings. The lawsuits could impact Musk's public image and the operations of his associated political entities. The case will also shape legal precedents regarding political promotional activities and voter data handling.