Jan 26 (Reuters) -

Elon Musk asked a federal judge to dismiss a proposed class

action by voters who said the world's richest person defrauded

them into signing a petition to support the U.S. Constitution

for a chance to win his $1 million-a-day giveaway.

In a late Friday filing in the Austin, Texas federal court,

Musk rejected the claim the giveaway was an illegal "lottery"

that violated a Texas law against deceptive trade practices.

Arizona resident Jacqueline McAferty claimed that Musk and

his political action committee America PAC falsely induced

voters in seven battleground states to sign the petition by

promising that winners would be chosen randomly.

Musk founded America PAC to support Republican Donald

Trump's successful 2024 presidential run.

According to Musk, however, voters were told they would be

reviewed for an opportunity to earn the $1 million by becoming

America PAC spokespeople.

This, Musk said, defeated any notion that the money was a

"prize" to be won.

"Make no mistake: an eligible voter's opportunity to earn is

not the same thing as a chance to win," Musk said.

Chance, he added, "was not involved here."

Musk also rejected the suggestion that petition signers

suffered harm by providing their names, addresses and phone

numbers, which they said Musk and America PAC could then sell.

Lawyers for the proposed class did not immediately respond

to requests for comment on Sunday.

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 is a Texas resident and his electric car company Tesla

is based in Austin.

The case is McAferty v Musk et al, U.S. District Court,

Western District of Texas, No. 24-01346.