The America PAC petition was a 2024 signature drive run by Elon Musk’s super PAC that paid registered voters in seven swing states to sign a statement supporting the First and Second Amendments, promised referral bonuses for recruiting other signers, and dangled a $1 million daily prize on top. It collected voter contact data for Donald Trump’s campaign, drew a Department of Justice warning, and has since produced lawsuits from a Philadelphia prosecutor, from Arizona voters who say the “random” sweepstakes was rigged, and from petition signers and canvassers who say they were never paid.
What the Petition Asked and What It Paid
The document was titled “Petition in Favor of Free Speech and the Right to Bear Arms.” Signing it required registered voters to affirm support for the First and Second Amendments and to hand over their name, address, email, and phone number.1Axios. Elon Musk PAC Wisconsin Judges
America PAC paid $47 to registered voters in Arizona, Michigan, Nevada, North Carolina, Wisconsin, and Georgia, and $100 to registered voters in Pennsylvania.2CNBC. Elon Musk America PAC Didn’t Pay Voters Who Signed Petition, Lawsuit Alleges The same amounts were promised for every additional registered voter a signer successfully referred.3Fortune. Elon Musk America PAC Lawsuit Petition Signature Payments Signing closed on October 21, 2024, the same day as Pennsylvania’s voter registration deadline.4The Federalist Society. Are Elon Musk’s Petition Payments Legal By late October, the PAC said it had mailed 87,000 checks to signers.5WHYY. Elon Musk Giveaway America PAC Pennsylvania Payment
The stated message was about the Constitution. The functional output was a database of battleground-state voter contacts feeding a get-out-the-vote push for Trump.
The $1 Million Daily Sweepstakes
On October 19, 2024, Musk announced that America PAC would award $1 million a day to a registered voter in a swing state who had signed the petition. “The only thing we ask for the million dollars is that you be a spokesperson for the petition,” he said.6The Hill. Musk America PAC Lawsuit By Election Day, 18 people had been selected and $18 million had gone out.7Upper Michigan’s Source. Elon Musk Announces Final Winner of $1 Million Giveaway
Musk publicly described recipients as chosen “randomly.” Litigation later exposed a different process. America PAC’s counsel, Chris Gober, testified that recipients were hand-picked based on their personal stories, vetted through social media, and required to sign a consulting agreement and a nondisclosure agreement to serve as paid spokespeople.8Courthouse News Service. Judge Allows $1 Million Voter Giveaway by Elon Musk to Continue America PAC director Christopher Young testified in a February 2026 deposition that he had been “surprised” by Musk’s use of the word “randomly.”6The Hill. Musk America PAC Lawsuit
The DOJ Warning and FEC Complaint
The Department of Justice’s Public Integrity Section sent America PAC a letter warning that the daily giveaway “may run afoul of federal law.”9NBC News. DOJ Warns Musk $1M Petition Giveaway Illegal Federal law prohibits paying anyone to register to vote, and because eligibility for the prize required being a registered voter in a swing state, the concern was that the money was effectively conditioned on registration.
On October 21, 2024, nearly a dozen former prosecutors and officials wrote to Attorney General Merrick Garland and Pennsylvania Attorney General Michelle Henry urging an investigation. They argued that although the payments were “framed as payments for signing a petition,” they were “restricted to registered voters, so anyone who wishes to get paid must first register.” Pennsylvania Governor Josh Shapiro called the sweepstakes “deeply concerning.”10The Hill. DOJ Warns Elon Musk Super PAC Giveaway Public Citizen filed a Federal Election Commission complaint alleging violations of 52 U.S.C. §10307(c), the federal ban on paying for voter registration.11Public Citizen. Elon Musk Violated Campaign Finance Law Complaint to FEC
America PAC said it was confident in the legality of the program. No winner was announced on October 23, the day after the DOJ letter, but the giveaway continued through Election Day.10The Hill. DOJ Warns Elon Musk Super PAC Giveaway
The Philadelphia District Attorney’s Lawsuit
On October 28, 2024, Philadelphia District Attorney Larry Krasner sued Musk and America PAC in Philadelphia Common Pleas Court, calling the program an “illegal, unregulated lottery” and “political marketing masquerading as a lottery.”12NBC News. Philadelphia DA Sues Elon Musk America PAC Million Dollar Petition Giveaway The DA argued the sweepstakes violated Pennsylvania lottery rules and consumer protection laws by misleading signers who believed they had a random chance to win.13Philadelphia District Attorney’s Office. DA Krasner Statement Regarding Civil Action to Enjoin Lottery by America PAC
A federal judge sent the case back to state court on November 1, 2024. Three days later, Common Pleas Judge Angelo Foglietta denied Krasner’s request for an injunction. In a written opinion, Judge Foglietta found the DA “failed to provide any evidence of misuse beyond mere speculation” and accepted the defense argument that the giveaway was “core political speech” and that recipients were paid spokespeople, not lottery winners.14NBC Philadelphia. Philly DA Failed to Show That Elon Musk’s Voter Sweepstakes Was Illegal, Judge Krasner said he “respectfully disagree[d]” with the ruling and filed a follow-up suit in October 2025 characterizing the payments as “illegal lotteries.”6The Hill. Musk America PAC Lawsuit
Lawsuits From Signers and Canvassers Who Say They Weren’t Paid
Two class actions in the Eastern District of Pennsylvania claim America PAC promised money for signatures and referrals and then failed to pay.
Doe v. America PAC
Filed April 1, 2025, this suit was brought by an anonymous Pennsylvania canvasser who says he is owed roughly $20,000 in unpaid referral fees. The complaint alleges breach of contract, fraud, false advertising, and violations of the Pennsylvania Wage Payment and Collection Law.15ClassAction.org. Class Action Against Musk America PAC Claims Some Penn. Voters Who Signed Petition Were Stiffed on Promised Pay In August 2025 the court dismissed one co-defendant, Group America LLC, but let the remaining claims move forward, and in January 2026 the court again denied the defense motion to dismiss.16PlainSite. Doe v. America PAC et al.
Maglietta v. America PAC
Filed May 8, 2025, this proposed national class action was brought by three plaintiffs from Pennsylvania, Nevada, and Georgia. It estimates more than 100 class members and collective unpaid amounts over $5 million.2CNBC. Elon Musk America PAC Didn’t Pay Voters Who Signed Petition, Lawsuit Alleges Plaintiff Steven Reid said he is owed “at least several thousand dollars” for canvassing in Michigan and Georgia.17The Hill. Elon Musk America First PAC Second Lawsuit Petition
Chief Judge Wendy Beetlestone denied the motion to dismiss in August 2025 (except as to Group America), and in January 2026 the court denied a renewed motion and extended discovery through April 1, 2026.18WITF. Judge Extends Discovery in Lancaster Man’s Proposed Class Action Lawsuit Against Elon Musk All motions, including summary judgment, are due by September 22, 2026.19CourtListener. Maglietta v. America PAC Plaintiffs’ attorney Shannon Liss-Riordan said: “We are looking forward to moving ahead with this case on behalf of individuals who signed petitions, and recruited others to sign the petitions, but then didn’t get paid the amounts promised.”20The Legal Intelligencer. Allegations Against Elon Musk America PAC for Failure to Pay PA Voters Move Forward, Judge Rules
America PAC has denied wrongdoing. Spokesperson Andrew Romeo said: “America PAC is committed to paying for every legitimate petition signature, which is evidenced by the fact that we have paid tens of millions of dollars to canvassers for their hard work in support of our mission.”3Fortune. Elon Musk America PAC Lawsuit Petition Signature Payments
Arizona Fraud Suits and a Court Order for Musk’s Deposition
Arizona voters have brought their own fraud claims over the sweepstakes. Jacqueline McAferty filed suit on November 5, 2024, in the Western District of Texas, alleging she and others were induced to hand over personal information under the false promise that the $1 million prize would be awarded randomly.21CourtListener. McAferty v. Musk A companion case was filed by Joy Harvick.22Bloomberg Law. Musk’s Million-Dollar Election Giveaway Must Face Deception Suit
The court in McAferty found that a signer’s name, email, mailing address, and phone number counted as “valuable consideration,” and that losing the benefit of the bargain because of the allegedly false “random” claim was a concrete economic injury sufficient for standing. The court noted that America PAC’s own $47-per-referral price implied the PAC placed at least that much value on one person’s data. In August 2025, Judge Robert Pitman denied the motion to dismiss the fraud and breach of contract claims, allowing the case to proceed as a putative class action potentially representing more than one million petition signatories. Plaintiffs seek an injunction requiring America PAC to destroy the collected data.23FindLaw. McAferty v. Musk, 1:24-CV-1346-RP
On June 25, 2026, U.S. Magistrate Judge Susan Hightower ordered Musk to sit for a deposition and produce unredacted internal documents, noting it remains an “open question” whether Musk acted recklessly when he pledged to pay winners “randomly.”6The Hill. Musk America PAC Lawsuit A jury trial is scheduled for July 6, 2027.21CourtListener. McAferty v. Musk
The Wisconsin Follow-Up
The petition model did not end with the presidential race. Ahead of the April 1, 2025, Wisconsin Supreme Court election, America PAC circulated a new petition “in opposition to activist judges,” asking signers to affirm: “I’m rejecting the actions of activist judges who impose their own views and demanding a judiciary that respects its role — interpreting, not legislating.”24ABC News. Musk PAC Offers $100 to WI Voters Who Sign Petition Wisconsin voters were offered $100 for signing and $100 per referral.25Wisconsin Examiner. Musk PAC Offers Wisconsin Voters $100 for Signing Petition Against Activist Judges America PAC and the allied group Building America’s Future spent nearly $20 million backing Republican-endorsed candidate Brad Schimel.1Axios. Elon Musk PAC Wisconsin Judges