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The Money Desk · Blog
Re:

Musk’s Lawyer Said $1 Million Giveaway Winners Weren’t Chosen Randomly

At a 2024 Philadelphia hearing, Musk’s lawyer said America PAC’s $1 million recipients were not chosen at random but vetted as potential spokespeople. The state and later federal proceedings did not amount to a final ruling that the giveaway was illegal or fraudulent.
From TheFinanceBase Team3 min to read
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No. At a November 4, 2024, Philadelphia court hearing, Elon Musk’s lawyer, Chris Gober, said the recipients of America PAC’s advertised $1 million awards were “not chosen by chance.” The PAC’s director and treasurer testified that it vetted recipients as potential spokespeople. That courtroom account contradicted Musk’s earlier public description of the awards as random; it was not, by itself, a final ruling that the program was illegal.

What was the $1 million giveaway?

On October 19, 2024, Musk announced that America PAC would award $1 million each day through Election Day to people who signed its petition supporting free speech and the right to bear arms. He said the awards would be made “randomly.” The program covered seven swing states: Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania and Wisconsin. The Associated Press reported on November 4 that more than 1 million people in those states had signed the petition; that is a contemporaneous 2024 figure, not a current enrollment count. Associated Press coverage

What did Musk’s lawyer say in court?

At the November 4 hearing, Gober told the court: “The $1 million recipients are not chosen by chance.” He also said the next recipients were already known. America PAC director and treasurer Chris Young testified that the organization vetted candidates, including to assess their personality and whether their values aligned with the group. The recipients were being selected as potential America PAC spokespeople, rather than drawn at random, according to the hearing account. Reuters report republished by KSL Associated Press coverage

What did the Philadelphia court decide?

Philadelphia District Attorney Larry Krasner sued on October 28, 2024, seeking to stop the giveaway under Pennsylvania law before Election Day. On November 4, Common Pleas Judge Angelo Foglietta declined to block the final awards, allowing the program to continue through Election Day. The Associated Press reported that the judge did not immediately explain his reasoning. That decision resolved the request for an injunction at that stage; it did not establish that the selection process was lawful or decide every legal question about the program. Associated Press coverage

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Was the giveaway ruled illegal?

The cited proceedings do not establish a final ruling that the giveaway was illegal. In October 2024, Senators Peter Welch and Richard Blumenthal asked Attorney General Merrick Garland to investigate whether the rewards violated federal restrictions concerning payments tied to voter registration. Their letter was a request for investigation, not a Justice Department finding. Senators’ letter to the attorney general

The Philadelphia judge’s decision let the awards proceed before Election Day but was not a final ruling on legality. Those limits matter: an allegation, a request for an injunction, and an agency investigation request are not findings of liability.

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What happened in the later federal case?

A separate case, McAferty v. Musk, was brought by a petition signer over alleged misrepresentations and personal information. On August 18, 2026, the U.S. District Court for the Western District of Texas denied summary judgment on the fraud claim. The order said a jury could infer from evidence of high-level discussions about the spokesperson program that Musk knew, or was reckless in saying, signers would be selected randomly. It also said a jury could consider Musk’s role in promoting the program and America PAC’s presentation of his announcement. Federal court docket and order

This was a procedural decision that factual disputes could go to a jury—not a verdict that Musk or the PAC committed fraud. It is distinct from the Philadelphia DA’s 2024 state-court effort to stop the awards. 2025 federal opinion reproduced by FindLaw

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