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.
In a ruling issued Thursday, U.S. Magistrate Judge Susan Hightower said Musk must sit for a deposition as the lawsuits move forward.
She also recommended allowing one plaintiff to pursue a fraud claim alleging Musk and his political action committee, America PAC, tricked voters into handing over personal information by falsely advertising the giveaway as random. She recommended dismissing a separate breach-of-contract claim.
The lawsuits were filed by Arizona residents Joy Harvick and Jacqueline McAferty, who claim Musk and America PAC misled voters in seven battleground states during the 2024 presidential campaign.
According to the lawsuits, voters were encouraged to sign a petition supporting the U.S. Constitution after being told $1 million winners would be selected “randomly,” similar to a lottery.
The plaintiffs allege the giveaway was not random and cite a statement by one of Musk’s lawyers that the 18 winners were chosen because they “might be good spokespeople for America PAC.”
Musk created America PAC to support Donald Trump’s successful 2024 presidential campaign and unveiled the giveaway during an October town hall in Pennsylvania.
Judge Hightower said it remains an open question whether Musk acted recklessly by repeatedly describing the payouts as random.
She cited testimony from America PAC Director Christopher Young, who said during a February 2026 deposition that he was “surprised” by Musk’s description because it did not match how the program had been designed after consulting with lawyers.
U.S. District Judge Robert Pitman will now decide whether to adopt Hightower’s recommendations. He will also separately 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.
