Elon Musk Faces Class Action Suit Over ‘Deceptive’ Election Lottery

Posted on: November 6, 2024, 10:04h. 

Last updated on: November 6, 2024, 10:29h.

Philip Conneller @casinoorgphilc Read More
Expertise: Gaming Business, Regulation, Tribal Gaming.

Elon Musk and his Republican political action committee, America PAC, may be celebrating their contribution to Donald Trump’s extraordinary political comeback but a class-action lawsuit filed Tuesday in a Texas federal court claims one of their election tactics wasn’t on the square.

Elon Musk, America PAC, class action, election lottery, fraud
Elon Musk presents a “winner” in Pennsylvania with a jumbo check for $1 million. Musk’s lawyer has admitted that winners aren’t selected at random. (Image: America PAC)

The suit accuses Musk and America PAC of fraud and breach of contract in connection to their “election lottery,” which a Musk lawyer admitted Monday didn’t choose its winners at random.

Starting in late October, the America PAC campaign began handing out $1 million to one voter from a key swing state each day. The PAC said the winner would be randomly chosen from a list of those who had signed its petition in support of free speech and gun rights.

Musk and America PAC said this was simply an initiative to get more people to register to vote in battleground states and that winners didn’t have to vote for Trump to be eligible for the prize.

Illegal Inducement?

On October 23, the DOJ warned America PAC that it might be breaking the law. The offense, which is described as to “pay or offer to pay or accept payment either for registration to vote or for voting” could be punishable by up to five years in prison.

The Pennsylvania DA’s Office sued Musk and America PAC last week, accusing them of election fraud and of running an illegal lottery, and demanding the court halt the campaign in that state.

On Monday, Judge Angelo Foglietta declined to block the scheme, but not before Musk’s lawyer had admitted the winners were carefully selected for their “suitability” to represent America PAC.

“The $1 million recipients are not chosen by chance,” Gober said. “We know exactly who will be announced as the $1 million recipient today and tomorrow. There is no prize to be won. Instead, recipients must fulfill contractual obligations to serve as a spokesperson for the PAC.”

Personal Data Given

The new class action has been brought by Arizona resident Jacqueline McAferty, who signed the America PAC petition believing she had a shot at the prize.

Had Plaintiff been aware that she had no chance of receiving $1,000,000, she would not have signed or supported the America PAC petition and would not have provided her [personal data] to Defendants,” the filing reads. “Her signature/support, as well as her [personal data] were given as valuable consideration for a chance to receive the $1,000,000.”

The lawsuit also complains that the petition “places no limitations on America PAC’s use of or sale of the personal data it collects, nor does it provide any additional information about the planned use of data.”