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

A provision in Wisconsin’s electoral code has raised concerns about voting rights: the prohibition on casting ballots after placing bets on election outcomes. This law, which dates back to 1849, was enacted to prevent corruption and election rigging.

At that time, betting on elections was widespread, with some newspapers and politicians even encouraging it. Evangelicals eventually took up the cause against election betting during the second Great Awakening, leading to laws prohibiting the practice. While prediction markets like Kalshi and Polymarket now allow people to place bets on election outcomes, they are not considered gambling in the classical sense.

However, Wisconsin’s elections commission has concluded that voters who bet on elections are not entitled to cast ballots. This is not an isolated issue; New York’s constitution also prohibits voting after placing bets on elections, and several other states have similar laws on the books.

The growth of prediction markets raises concerns about the commodification of votes. By allowing people to bet on election outcomes, we may create a perverse incentive structure where individuals prioritize financial gains over electoral integrity. Furthermore, if voters who have placed bets on elections are barred from voting, it could disenfranchise thousands of citizens and potentially affect key contests.

Companies like Kalshi and Polymarket have responded to these concerns by calling the Wisconsin Elections Commission’s guidance “dystopian” and “unconstitutional.” However, Ann Jacobs, a member of the commission, noted that this law has been on the books for nearly two centuries. If you don’t like it, she said, talk to your legislator.

The real question is whether these laws will hold up against court challenges. Given the rapid growth of prediction markets and their increasing influence over electoral discourse, this issue is likely to escalate in the months ahead. As voters prepare for the midterms, one thing is clear: our democracy’s fragility has never been more apparent – and it’s time we started taking bets on its resilience seriously.

The Wisconsin Elections Commission’s decision to revisit this old law may seem like an afterthought, but it’s actually a symptom of a deeper problem. As we continue to normalize the practice of betting on elections, we risk undermining the very foundations of democratic participation. It’s high time for policymakers and voters alike to confront this issue head-on – before our democracy is forever changed by the whims of gamblers.