Elon Musk faces two active lawsuits over the $1 million election lottery his super PAC ran during the 2024 presidential race and the 2025 Wisconsin Supreme Court election: a federal class action in Texas alleging fraud, which survived a motion to dismiss in August 2025 and is set for a jury trial on July 6, 2027, and a Wisconsin state-court case alleging election bribery, now fighting through motions to dismiss in Brown County Circuit Court.1CNBC. Elon Musk Must Face Lawsuit Claiming He Ran Illegal $1 Million Election Lottery2Law Forward. Law Forward Files Brief Arguing Elon Musk Cannot Escape Accountability for Election Bribery Scheme
What the Giveaway Was
America PAC, the super PAC Musk launched in July 2024, opened the program in October 2024. Registered voters in seven battleground states — Pennsylvania, Georgia, Nevada, Arizona, Michigan, Wisconsin, and North Carolina — were invited to sign a petition pledging support for the First and Second Amendments. At a Harrisburg, Pennsylvania rally on October 19, 2024, Musk promised that one signer would be chosen “randomly” each day to receive $1 million until the November 5 election.3BBC News. Elon Musk’s $1M-a-Day Voter Giveaway Raises Legal Questions
The program also paid smaller sums. Pennsylvania signers got $100, plus $100 for each referral. Voters in the other six states received $47 per referral.4NBC News. Elon Musk Raises Payment Offer to $100 for Voters Who Sign Petition5Spotlight PA. Pennsylvania Election 2024 Elon Musk Sweepstakes Court Case6CNBC. Elon Musk Seeks to Move $1 Million Voter Lottery Lawsuit to Federal Court
Winners Were Not Actually Random
The word “randomly” is central to the fraud claim, because in court America PAC’s own lawyers said it wasn’t accurate. At a Philadelphia hearing on November 4, 2024, PAC attorney Chris Gober told the judge that the $1 million recipients “are not chosen by chance” and that the PAC “knows exactly who will be announced” in advance. Winners were picked based on their “personal stories,” vetted as paid spokespeople, and required to sign contracts and nondisclosure agreements.7PBS NewsHour. Musk’s PAC Claims $1 Million Winners Not Chosen by Chance
PAC treasurer Chris Young testified that he knew who the recipients would be ahead of time and said “randomly” was “not the word I would have selected.”7PBS NewsHour. Musk’s PAC Claims $1 Million Winners Not Chosen by Chance
The Federal Class Action: McAferty v. Musk
On November 5, 2024, Arizona resident Jacqueline McAferty filed a proposed class action against Musk and America PAC in the U.S. District Court for the Western District of Texas. The case, McAferty v. Musk, No. 1:24-cv-01346, was assigned to U.S. District Judge Robert Pitman.8CourtListener. McAferty v. Musk, 1:24-cv-01346
McAferty says she signed the petition and handed over her name, address, email, and phone number because she believed she was entering a genuine random $1 million drawing. She says she would not have signed or given up that information if she had known the winners were hand-picked. The complaint calls the program an illegal lottery and accuses Musk and the PAC of fraud, arguing that voters were tricked into surrendering valuable personal contact information. It seeks at least $5 million in damages for a class of petition signers.9Newsweek. Voters Sue Elon Musk, Defrauded by Million-Dollar Petition Giveaway10The Guardian. Elon Musk America PAC Election Giveaway Lawsuit
The August 2025 Ruling
On August 20, 2025, Judge Pitman denied the defendants’ motion to dismiss. He found that McAferty had “plausibly alleged” that Musk and America PAC defrauded voters by inducing them to sign the petition under the false pretense of a random lottery, and that it was “plausible that plaintiff justifiably relied” on Musk’s public statements. On the question of harm, Pitman noted that an expert in political data brokerage could testify to the value of the personal information voters gave up.1CNBC. Elon Musk Must Face Lawsuit Claiming He Ran Illegal $1 Million Election Lottery
Where the Case Stands Now
Musk and America PAC filed an answer in September 2025. A protective order for discovery was signed in December 2025. In February 2026, the defendants moved for summary judgment, and McAferty’s team is opposing that motion. She has also asked the court to compel Musk’s deposition and to extend the scheduling order. A jury trial is set for July 6, 2027.8CourtListener. McAferty v. Musk, 1:24-cv-01346
The Wisconsin Bribery Lawsuit
Musk ran a similar operation ahead of the April 2025 Wisconsin Supreme Court race, offering $100 to registered Wisconsin voters who signed a petition opposing “activist judges” and handing out $1 million checks at in-person events. America PAC endorsed conservative candidate Brad Schimel and spent about $14 million backing him.11WPR. Wisconsin Supreme Court Election Elon Musk Cash for Pledge
In June 2025, the Wisconsin Democracy Campaign and a group of Wisconsin voters, represented by Law Forward, the Democracy Defenders Fund, and Hecker Fink LLP, filed suit in Dane County Circuit Court against Musk, America PAC, and United States of America Inc., a Musk-controlled Texas entity that received $40.5 million from America PAC.12Law Forward. Musk Illegal Scheme13CBS News. Elon Musk $277 Million Trump Republican Candidates Donations
The complaint alleges violations of Wisconsin’s election-bribery statute, which prohibits giving anything of value over $1 to induce someone to vote. It points to the $100 petition payments, the $1 million prizes, and Musk’s own statement that the awards were given “in appreciation for you taking the time to vote.” The plaintiffs want a court declaration that the conduct was illegal, an order barring the defendants from doing it again in Wisconsin elections, and damages.14Law Forward. Musk Brazen Scheme to Bribe Voters15Washington Post. Lawsuit Accuses Musk of Bribing Wisconsin Voters With Cash Prizes
The case was transferred to Brown County Circuit Court in early 2026. The defendants have moved to dismiss, and Law Forward filed its opposition brief on February 27, 2026. Jeff Mandell, Law Forward’s president, said the suit seeks “accountability in a more regular timeline” after emergency efforts during the election cycle were rejected on procedural grounds.2Law Forward. Law Forward Files Brief Arguing Elon Musk Cannot Escape Accountability for Election Bribery Scheme
Those earlier efforts came from Wisconsin Attorney General Josh Kaul, who sued Musk and America PAC on March 28, 2025, and sought a temporary restraining order to stop the March 30 giveaway event. A circuit court judge, the Wisconsin Court of Appeals, and the Wisconsin Supreme Court all declined to block the event, but none ruled on the merits. The denials rested on the emergency timeline, not a finding that the payments were legal.16Washington Post. Wisconsin Attorney General Sues Elon Musk Over Payments to Voters17ABC News. Wisconsin Supreme Court Rejects Effort to Block Musk’s $1M Giveaway
The Philadelphia DA Case and Federal Warnings
Philadelphia District Attorney Larry Krasner sued Musk and America PAC on October 28, 2024, in the Philadelphia County Court of Common Pleas, calling the program an “illegal lottery” and a “scam.” Musk’s lawyers tried to move the case to federal court; U.S. District Judge Gerald Pappert sent it back to state court on November 1. On November 12, 2024, Judge Angelo Foglietta declined to shut the program down, saying Krasner had “failed to provide any evidence of misuse beyond mere speculation” and noting that only one drawing remained and its winner would not be a Pennsylvania resident. Krasner said he “respectfully disagreed.”18WHYY. Krasner Elon Musk Sweepstakes Lottery Judge Ruling Pennsylvania Election196abc. Judge Denies Elon Musk’s Bid to Move Lawsuit Over $1M Giveaway to Federal Court
At the federal level, the Justice Department’s Public Integrity Section sent America PAC a letter warning that the program “may run afoul of federal law.”20NBC News. DOJ Warns Musk $1M Petition Giveaway May Be Illegal Public Citizen filed an FEC complaint on October 23, 2024, alleging the daily prizes violated federal laws against paying people to register or vote.21Public Citizen. Public Citizen Files FEC Complaint Over Elon Musk Gimmick to Buy Votes The statute at the center of that theory is 52 U.S.C. § 10307(c), which makes it a crime, punishable by up to five years in prison and a $10,000 fine, to pay or offer to pay someone “either for registration to vote or for voting.”22Office of the Law Revision Counsel. 52 U.S.C. § 10307 No federal prosecution or FEC enforcement action has been reported. America PAC said it was “confident in the legality of this initiative.”
Where Things Stand
Two civil cases are alive. The federal class action in Texas is in summary-judgment briefing with a jury trial scheduled for July 6, 2027. The Wisconsin bribery case in Brown County is being fought at the motion-to-dismiss stage. No federal criminal charges have been filed, and the FEC has not announced any enforcement action.