Wisconsin Elections Commission flags election betting as potential felony for voters

The Wisconsin Elections Commission (WEC) has issued a public advisory cautioning residents that placing bets on election outcomes through platforms like Kalshi and Polymarket could constitute a felony under state law if the bettor also votes in the same election.

In a statement released earlier this week, the commission pointed to Wisconsin Statute § 6.03(2), which prohibits any person from voting in an election where they have placed or become involved, directly or indirectly, in a bet or wager dependent on the result. The warning was prompted by a legal memorandum from the commission's counsel concluding that trades on election-related prediction markets offered by Kalshi and Polymarket fall within the definition of a "bet" or "wager" under that statute.

"Commission staff believes the prohibition against 'any bet or wager depending upon the result of the election' § 6.03(2) includes making trades on election-related prediction markets," the memo stated.

After reviewing the legal analysis, election commissioners voted to publicly warn voters. The move drew immediate pushback from both Kalshi and Polymarket, who maintain their operations are financial exchanges offering futures contracts rather than gambling.

A spokesperson for Kalshi characterized the commission's advisory as voter suppression, noting that the platform has "hundreds of thousands of users in Wisconsin." The spokesperson warned that even a small number of eligible voters being dissuaded from casting ballots could "EASILY swing an election," and described the WEC's statement as "incredibly dangerous to democracy." The company called for a retraction before a court might compel one.

Polymarket also indicated it would contest the commission's interpretation through legal proceedings.

During the commission's deliberation, Commissioner Ann Jacobs defended the prohibition, stressing the importance of keeping electoral decisions free from financial incentives. "You want people who have the ability to vote based upon who they believe is the best person for the job," Jacobs said. "Not to line their pocketbooks."

The warning adds a new layer of regulatory scrutiny for prediction-market platforms, which have grown in popularity ahead of the U.S. elections.