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A U.S. magistrate judge ruled Thursday that Elon Musk must give a deposition in two proposed class-action suits. The suits allege the $1 million daily giveaway misled voters about how winners were chosen.
A federal magistrate judge ruled Thursday that Elon Musk must give sworn testimony in two proposed class-action lawsuits over a $1 million daily voter giveaway. U.S. Magistrate Judge Susan Hightower said the deposition should proceed as the cases advance.
She also recommended letting one plaintiff pursue a fraud claim against Musk and his political action committee, America PAC. The lawsuits were filed by Arizona residents Joy Harvick and Jacqueline McAferty. They allege that voters in seven battleground states were told winners would be picked randomly after signing a petition supporting the U.S. Constitution.
Lawsuit details The plaintiffs claim the selection process was not random.
They cite a statement by one of Musk's lawyers that the 18 winners were chosen because they "might be good spokespeople for America PAC." Hightower noted that America PAC Director Christopher Young testified in February 2026 he was "surprised" by Musk's description of the program. She said it remains an open question whether Musk acted recklessly by repeatedly calling the payouts random.
Next steps U.S.
District Judge Robert Pitman will decide whether to adopt the recommendations. He will also rule separately on a request by Musk and America PAC to dismiss one of the suits.
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