By Jonathan Stempel
June 25 (Reuters) – A federal judge ordered Elon Musk to testify under oath in two proposed class actions accusing him of defrauding voters in swing states before the 2024 election by promising a $1 million-a-day giveaway.
In a decision on Thursday, U.S. Magistrate Judge Susan Hightower in Austin, Texas, also recommended that Musk and his political action committee America PAC face a claim in one of the lawsuits that they tricked voters into providing personal identifying information as part of the giveaway. She said a related breach of contract claim should be dismissed.
Musk’s lawyers did not immediately respond to requests for comment. Lawyers for the plaintiffs in both lawsuits did not immediately respond to similar requests or had no immediate comment.
PLAINTIFFS SAY $1 MILLION WINNERS NOT RANDOM
The respective plaintiffs Joy Harvick and Jacqueline McAferty, both from Arizona, said Musk and America PAC misled voters in seven swing states into signing his petition to support the U.S. Constitution, by promising that the $1 million recipients would be chosen “randomly” as in a lottery.
They said voters had no real chance of winning and, quoting a Musk lawyer, said the 18 winners were chosen because they might be good spokespeople for America PAC.
Musk founded America PAC to support Republican Donald Trump’s successful 2024 presidential run, and announced the giveaway at a Pennsylvania town hall that October.
He is also the world’s richest person, whose businesses include electric car company Tesla and rocket and satellite company SpaceX.
JUDGE SAYS IT IS UNCLEAR IF MUSK SPOKE RECKLESSLY
In recommending that McAferty’s fraud claim continue, Hightower called it an open question whether Musk acted recklessly when he said payouts would be made “randomly.”
The judge quoted America PAC Director Christopher Young testifying in a February 2026 deposition that he was “surprised” at Musk’s choice of words.
“It was not the way that we had — you know, with legal counsel and consultation, discussed the program and how it would run,” Young said.
U.S. District Judge Robert Pitman in Austin will review Hightower’s recommendations.
Musk and America PAC also want Harvick’s case dismissed. Pitman will decide their motion himself.
(Reporting by Jonathan Stempel in New YorkEditing by Matthew Lewis)
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