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Could You Lose Your Right to Vote If You Bet on an Election?

Wisconsin election officials are warning that betting on elections could result in losing the right to vote, a stance that may soon extend to New York.

What Happened

Wisconsin election officials have declared that residents who have purchased contracts on prediction markets, such as Kalshi, regarding election outcomes within the state, could lose their right to vote in those elections. According to Meagan Wolfe, administrator of the Wisconsin Elections Commission, voting after having made such a bet could lead to prosecution. This assertion is not based on a new law but a very old statute from 1849, which states, “No person shall be allowed to vote in any election in which the person has made or become interested, directly or indirectly, in any bet or wager depending upon the result of the election.”

The bipartisan commission further warned that voters who knowingly violate this prohibition could face felony charges. This development precedes Wisconsin’s August 11 primaries, with officials emphasizing the serious consequences of such actions. While many states have laws against election gambling, Wisconsin is the first to explicitly state that engaging in prediction market betting can disqualify a voter.

Key Details

  • Wisconsin election officials assert that betting on elections via prediction markets like Kalshi can lead to a loss of voting rights.
  • This stance is based on an 1849 state statute prohibiting voting for anyone with a wager on an election’s outcome.
  • Voters who intentionally vote despite this prohibition could face felony charges.
  • New York has similar constitutional and state law provisions, and its Attorney General’s office is currently in a court battle over regulating Kalshi as a gambling platform.
  • The growth of the prediction market industry and its extensive advertising campaigns are creating a potentially volatile situation for upcoming elections.

Why It Matters

This issue highlights a significant and largely overlooked legal peril for individuals engaging in the rapidly growing prediction market industry. If Wisconsin’s interpretation of its old statute holds, and similar interpretations are adopted in states like New York, it could disenfranchise a substantial number of voters, particularly with the industry’s aggressive marketing. The legal battles and official statements from election commissions introduce uncertainty and potential criminal exposure for citizens participating in what many might view as a harmless online activity, thereby impacting voter eligibility and the integrity of election participation.