A federal judge on Thursday ordered Tesla CEO Elon Musk to testify under oath in two cases where he is accused of defrauding voters in swing states before the 2024 general election. U.S. Magistrate Judge Susan Hightower of the Western District of Texas issued the order as part of a fraud lawsuit brought by two Arizona women, Joy Harvick and Jacqueline McAferty.
The plaintiffs accuse Musk's political action committee, America PAC, of tricking voters into giving personal information through daily $1 million giveaways in the weeks leading up to Election Day. The giveaways required participants to sign America PAC's petition, which promoted conservative electoral priorities.
Musk announced the giveaway program during a town hall in Pennsylvania in October 2024. "The only thing we ask for the million dollars is that you be a spokesperson for the petition," Musk told a recipient he handpicked from the audience at the time. The plaintiffs allege that across seven swing states, voters were misled about what they were signing and how winners would be selected.
What the Right Is Saying
Musk's supporters argue the giveaways were legitimate political speech protected by the First Amendment and that critics are trying to silence conservative participation in elections. America PAC has maintained that all winners were publicly announced and the process was transparent.
In her ruling, Judge Hightower noted that America PAC Director Christopher Young testified in a February 2026 deposition that he was "surprised" by Musk's public statements about random selection, suggesting internal disagreement within the organization. Musk's legal team has argued that petition drives are protected political activity and do not constitute illegal voter compensation.
Conservative commentators have framed the lawsuits as politically motivated attacks on Musk's right to support Republican causes. "Democrats are suing to criminalize conservative political organizing," one prominent conservative commentator wrote on social media. America PAC spokespersons have stated the organization followed all applicable laws in its 2024 operations.
What the Left Is Saying
Democratic legal experts and election law scholars say the case represents a clear violation of federal prohibitions on paying people to participate in elections. Professor Rick Hasen of UCLA Law School told the Associated Press that while paying people to sign a petition might not be illegal, making only registered voters eligible crosses a legal line.
"The problem is that the only people eligible to participate in this giveaway are the people who are registered to vote," Hasen said in October 2024. "And that makes it illegal." Philadelphia District Attorney Larry Krasner, a Democrat, filed a separate civil lawsuit against Musk and America PAC in October 2025, calling the giveaways "illegal lotteries" and alleging vote-buying schemes.
Progressive advocacy groups have praised the legal challenges. "This case proves that even billionaires must follow the same election laws as everyone else," said a statement from the nonprofit Campaign Legal Center. "Paying people for voter access or participation is a federal crime, regardless of how it's structured."
What the Numbers Show
According to court documents, America PAC distributed $1 million per day to winners in the days leading up to Election Day, totaling millions of dollars in giveaways over several weeks. The plaintiffs allege that 19 winners were selected across seven swing states: Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania, and Wisconsin.
Judge Hightower's order requires Musk to sit for depositions in both cases. She noted it remains "an open question" whether Musk acted recklessly when stating publicly that winners would be selected at random. Court filings indicate plaintiffs' attorneys have gathered testimony suggesting winners were chosen based on their potential as spokespeople for America PAC, a detail confirmed by Musk's own legal counsel.
Philadelphia District Attorney Krasner's lawsuit seeks penalties and restitution. Legal observers note that if the cases proceed to trial, they could set precedent regarding digital-era political giveaways and voter engagement tactics.
The Bottom Line
The federal judge's order means Musk must testify under oath about America PAC's 2024 election operations. The outcome of these cases could establish legal boundaries for how political organizations use incentives to engage voters and collect personal data.
What happens next: Musk's deposition is expected to take place in the coming months. Both the Arizona civil case and Philadelphia DA Krasner's lawsuit are proceeding through federal courts. Legal scholars say appeals could reach higher courts regardless of initial rulings, potentially shaping election law for future cycles.