A Texas federal judge has ruled that Elon Musk must face a lawsuit alleging he misled voters with a $1m-a-day giveaway linked to a petition supporting the US Constitution, Reuters reported.

The suit, filed by Arizona resident Jacqueline McAferty, claims Musk and his PAC, America PAC, encouraged voters in key states to provide personal information under the promise of winning the prize, though there was no real chance to receive it.

Musk argued the giveaway wasn’t an illegal lottery, noting winners were expected to become PAC spokespeople. The judge said statements suggesting money could be “won” made it reasonable for participants to believe they had a chance, and that the collected data had real value in battleground states.

According to Reuters, the lawsuit was filed on Election Day 2024, and Musk and America PAC have not commented.