Don Davis Bill Targets Federal Candidate Election Trading

Representative Don Davis (D-NC) has introduced legislation aimed at prohibiting federal candidates from trading prediction market contracts related to their own elections. Violations of the proposed ‘No Betting on Your Own Race Act’ would incur significant civil penalties.

What Happened

On Monday, Representative Don Davis (D-NC) introduced the “No Betting on Your Own Race Act,” a bill designed to ban federal candidates, their spouses, and campaign committees from trading prediction market contracts concerning their own elections, according to Decrypt. The proposed legislation would amend federal election law, making such trading a civil offense. Violators would face a civil fine of $10,000 per infraction or three times the net financial gain, whichever amount is greater, as reported by Zetik.

The prohibition extends broadly to include not only the candidate but also their spouse, dependent children, and any authorized campaign committee. It covers contracts that settle on election outcomes, a candidate’s status, vote share, margin, or placement. The bill also addresses indirect exposure, such as inducing others to trade, holding beneficial interests, or funding another person’s position with knowledge of its purpose, according to the bill text.

Key Details

  • The proposed bill mandates a civil fine of $10,000 or three times the net financial gain for violations, whichever is larger, as stated by Decrypt.
  • Exchanges and their personnel would receive immunity from liability for actions taken in good faith to prevent breaches, including account closures and trade unwinding, according to Decrypt.
  • The Federal Election Commission (FEC) would be required to publish a free, machine-readable, weekly updated list of federal candidates to facilitate screening, as detailed in the bill.
  • The ban encompasses political event contracts beyond specific races, including caucuses, nominations, and control of Congress, or any other political event designated by the Commodity Futures Trading Commission (CFTC) via rule, per the bill text.

Why It Matters

This legislative proposal addresses concerns regarding potential conflicts of interest and market manipulation within political prediction markets. Representative Davis highlighted the parallel with athletes not betting on their own games, asserting that candidates for federal office should adhere to a similar standard, according to his tweet. The bill aims to formalize restrictions that, to date, have largely been self-policed by exchanges, such as Kalshi, which has previously fined and suspended candidates for trading on their own races, as reported by Decrypt.

The legislation also grants prediction market platforms statutory protection for taking action against suspected violations and reporting them to regulatory bodies like the CFTC, the Attorney General, or the Federal Election Commission without incurring liability. This provision could encourage more proactive enforcement by exchanges, potentially increasing transparency and integrity in these markets. Furthermore, the CFTC has separately investigated former Representative Adam Kinzinger regarding trades related to a presidential pardon and has cautioned exchanges that contracts based on the conduct of named individuals are presumed susceptible to manipulation, providing further context for this proposed ban, Decrypt stated.

What’s Next

The ban proposed in the bill would apply to conduct from its date of enactment, according to the bill text. The FEC and state election boards would also be mandated to notify candidates of these rules when they file for office. A grace period is included for existing positions that become covered contracts upon a person’s candidacy, allowing for divestment within the platform’s minimum window, as stated by Decrypt.

Originally reported by DecryptPublished

Sources & References

Primary source

Additional references

More news