Elon Musk on Friday asked a federal judge in Austin, Texas, to dismiss a proposed class-action lawsuit against him and his political action committee, arguing that his $1 million daily giveaway to voters in battleground states wasn’t an illegal lottery because the winners weren’t actually chosen at random.

The lawsuit was filed on Election Day, Nov. 5, 2024. A day earlier, a Philadelphia judge refused to end Musk's giveaway, saying that city's top prosecutor also failed to show it was an illegal lottery. McAferty's lawsuit seeks at least $5 million in damages for everyone who signed the petition.

Musk rejected the claim the giveaway was an illegal lottery that violated a Texas law against deceptive trade practices.

A local elected official in Montgomery County, Pennsylvania, has resigned after coming under fire for a social media post.