Wisconsin Voters Warned: Betting on Elections Could Mean Felony Charges and Loss of Voting Rights

The Wisconsin Elections Commission has issued a stark warning to residents who trade on election prediction markets: participating in such contracts may trigger a state law that disqualifies them from voting and could result in felony charges.

At a July 9 meeting, the bipartisan commission unanimously approved a legal memo concluding that election-related contracts offered by platforms such as Kalshi and Polymarket fall under Wisconsin Statute § 6.03(2). That provision bars any person who has "made or become interested, directly or indirectly, in any bet or wager depending upon the result of the election" from taking part in that election. Intentionally casting a ballot while disqualified is a Class I felony.

In a statement, Wisconsin Elections Commission administrator Meagan Wolfe acknowledged the difficulty of enforcement but stressed the importance of voter awareness. "We are not able to police someone placing a bet on these platforms, but it's important for voters to understand the consequences if they bet on an election outcome," she said.

The warning has drawn sharp criticism from the affected companies. A Kalshi spokesperson expressed outrage, stating: "Implying they can't vote because they use Kalshi is not only dishonest; it is voter suppression!" The company claimed the threat could "EASILY swing an election" if Wisconsin users are deterred from voting, and urged the commission to retract its statement. Meanwhile, a Polymarket representative said the platform would address the matter "through the appropriate legal process."

Both Kalshi and Polymarket maintain that their products are federally regulated by the Commodity Futures Trading Commission (CFTC). This jurisdictional clash has already led to litigation: Wisconsin has separately sued Kalshi, Polymarket and others for allegedly offering illegal gambling, while the CFTC has countersued the state asserting exclusive federal authority. The Ho-Chunk Nation has also filed suit against Kalshi over sports-event contracts.