Court Questions Randomness of Musk’s $1 Million Election Giveaway: Winners Were Pre-Screened

^{Elon Musk}

A legal battle over Elon Musk’s $1 million-a-day giveaway ahead of the 2024 U.S. presidential election is continuing, with a federal court ruling on August 18 that a fraud claim against the promotion should move forward and could ultimately be decided by a jury, according to Casino.org.

Musk launched the initiative through America PAC, a political action committee he founded that supported Donald Trump. Registered voters in seven key battleground states were asked to sign a petition supporting free speech and the right to bear arms. Those who signed were entered into a process in which a recipient of a $1 million payment was announced each day. Musk publicly claimed that winners would be selected at random.

Elon Musk’s post on X in October 2024

The legality of the promotion was challenged while it was still running by Philadelphia District Attorney Larry Krasner, who called it an illegal lottery and sought to block the payments. The court rejected the request and allowed the giveaway to continue until Election Day.

However, during the same hearing, representatives of America PAC acknowledged that the recipients of the $1 million payments were not chosen randomly. Instead, potential winners were screened in advance and selected as individuals considered suitable representatives of the organization.

Following that admission, giveaway participant Jacqueline McAfferty filed a lawsuit against Musk and America PAC, arguing that she had provided her personal information with the expectation that she would have a genuine random chance of winning the $1 million prize.

U.S. District Judge Robert Pitman said a jury could find that the selection process for the $1 million recipients was “far from random.” He ruled that the available evidence was sufficient for the claim to proceed.

The decision does not mean that fraud has been proven. The court only determined that the disputed circumstances surrounding the giveaway should be examined further.

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