Could Using Kalshi For Election Betting Make You A Felon?

Generally, a prediction market bettor doesn’t face legal exposure. However, depending on your state, using a prediction market like Kalshi to wager on an election and also vote in that same election could expose you to legal problems.

The laws and enforcement mechanisms are convoluted, but here’s an example: If you’re a regular person (i.e., not a candidate or insider) and make a bet on your state’s governor’s race and then vote in that race, you could lose your right to vote. Casting a vote illegally could be a crime.

On Tuesday, the Wisconsin Election Commission issued a press release warning its residents of the legal risks of using Kalshi and other prediction markets.

Wisconsin appears to have the strictest law against betting on an election and voting in that election, but Delaware, New York, and Tennessee appear to have similar restrictions. More than half of states (23) have laws that prohibit betting or wagering on elections, at least under certain circumstances.

Let’s take a quick look at the laws in those four states where it appears the riskiest to use a prediction market if you’re a voter.

Wisconsin

Wisconsin law says a person may not vote in an election if they have made, or become directly or indirectly interested in, a bet whose outcome depends on that election. The Wisconsin Elections Commission has said this can include prediction-market contracts on platforms such as Kalshi or Polymarket, although courts have not definitively ruled on that interpretation.

Enforcement would usually begin if an election official or another voter challenges the person’s eligibility. The challenged voter may be questioned under oath and must swear that they have not made a wager tied to the election. Refusing the oath, or admitting to the wager, can result in the ballot being rejected.

The law applies to the entire election, not just the specific race wagered on. Voting while knowingly disqualified can be prosecuted as a Class I felony, punishable by up to 3.5 years in prison, a $10,000 fine, or both.

Delaware

Article V, §7 of the Delaware Constitution makes it a misdemeanor to become directly or indirectly involved in a bet or wager whose outcome depends on:

• A general, special, municipal or primary election;
• A nominating convention or meeting; or
• A vote cast by any person.

The stated punishment is a fine of $100 to $5,000, imprisonment for one month to three years, or both.

Delaware expressly says that the section’s 10-year voting disqualification does not apply when the offense is making or participating in the election wager. In other words, the bet is prohibited, but the wager itself does not make the bettor ineligible to vote.

New York

New York Constitution Article II, §3 states that anyone who becomes directly or indirectly interested in a bet or wager depending on an election’s result “shall [not] vote at such election.”

That’s hard to interpret, but it may give you pause before using Kalshi.

New York Election Law §5-106 repeats that disqualification, and §8-504 allows a challenged voter to be questioned under oath about whether they have an interest in a wager on that election.

Tennessee

Since July 1, 2026, it has been a Class E felony to hold a prediction-market contract for financial gain while engaging in conduct intended to influence the underlying event.

That language may encompass voting in an election contract, but the law does not expressly mention voting or disqualify the person from voting.

Bottom Line

The best course of action, especially if you live in any of these states, is to avoid election betting on any prediction market. It may not be worth the risk.

It’s difficult to interpret the law on the books and how it could result in criminal exposure, the loss of your right to vote, or the invalidation of your ballot.

Residents of other states should also consider avoiding election betting if they have anxiety about how it might affect them, including financially.

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