Tech billionaire Elon Musk must face a lawsuit over allegations that his political action committee committed fraud by telling voters they had a chance to randomly win $1 million despite the winners being predetermined.

On Wednesday, U.S. District Judge Robert Pitman ruled against Musk’s motion to dismiss a lawsuit by Jacqueline McAferty of Arizona that accuses him and his super PAC of fraud and breach of contract. Pitman will allow claims of fraud and breach of contract to move forward, but dismissed McAferty’s claim that Musk violated the Texas Deceptive Trade Practices Act.

Lawyers representing Musk and his super PAC did not immediately return a request for comment. McAferty is being represented by Texas lawyer Tom Kherkher, who applauded the judge’s ruling.

“This ruling is the first

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