State law bans betting on elections

Is it illegal to wager on a Wisconsin election you also vote in? The chair of the state’s elections commission says you bet it is.

With the rise of online prediction market platforms like Polymarket and Kalshi, people can bet on just about everything. Currently, the sites have seen more than $30,000 in combined wagers on whether a Democrat or Republican will win Wisconsin’s race for governor.

This week, Wisconsin Elections Commission Chair Ann Jacobs posted a warning for residents on social media.

“I know it’s all the rage to bet on everything, but you cannot bet on an election in Wisconsin!” she said.
“If you do, your ballot can be challenged & thrown out,” Jacobs continued. “So go vote and save your $ for playing Euchre with your uncle!”

According to the nonpartisan Legislative Reference Bureau, Wisconsin’s first statute banning people from betting on elections dates back to 1849. The law states that “any person who shall have made or become directly or indirectly interested in any bet or wager, depending on the result of any election” are not permitted to cast a ballot in that election.

In an interview with WPR, Jacobs said she’s been with the elections commission for a decade and she’s not aware of any ballots being challenged because of a person’s electoral wager, and the state isn’t hunting for culprits.

“No, the state is not going out and issuing search warrants to betting platforms to cross reference against voters,” said Jacobs. “I think the most likely way this would come up would be exactly how you think, which is somebody posted on social media saying, ‘Hey, I made this big bet,’ and then someone who doesn’t like them reports it to the authorities.”

While it may not have been an issue yet, Jacobs said she “will be surprised if it doesn’t come up in the future, simply because people are betting on everything and anything right now, and they’re using their phones to do it.”

Wisconsin’s anti-election-betting law may be obscure, but other states have similar rules. According to the Washington Post, they include Texas and Arizona.

This month, Arizona Attorney General Kris Mayes issued a press release announcing that she filed criminal charges against Kalshi Trading LLC “for operating an illegal gambling business in Arizona without a license as well as for election wagering.” Kalshi and similar companies have claimed they’re financial marketplaces akin to a stock market, rather than gambling websites.