Which States Ban Election Betting Before Midterms

As the midterm elections approach, the question of whether Americans can legally wager on them has moved from a niche issue to a live one. 

The National Conference of State Legislatures says at least 32 states and the U.S. Virgin Islands have statutory or constitutional prohibitions on betting on elections in at least some circumstances, in its Betting on Elections brief updated on August 21, 2026.

Blanket Bans And Partial Bans

Eight of those states, Indiana, Massachusetts, Minnesota, New York, North Dakota, Oregon, South Dakota and Wisconsin, prohibit election betting on sportsbooks only in some situations or for certain people. 

The rest have blanket prohibitions that appear to apply in all circumstances. NCSL notes that Minnesota's law covers candidates betting on elections, while Colorado, New Jersey, Tennessee and Utah also name candidates in their blanket bans. 

Indiana, North Dakota, South Dakota and the U.S. Virgin Islands each bar anyone who has bet on an election from working as a poll worker in it.

Prediction Markets In The Spotlight

Prediction markets have drawn most of the attention. Nexstar reported on where election betting is prohibited on October 19, noting that bipartisan Senate legislation introduced in March would restrict what platforms such as Kalshi and Polymarket can offer. It also recalled that Kalshi banned former Rep. George Santos after he placed wagers on the State of the Union.

Election officials are warning voters directly. In July, Wisconsin Elections Commission administrator Meagan Wolfe said voters cannot legally bet on an election and cast a ballot in the same election, and that the commission cannot police the platforms but wants people to understand the consequences. 

Wisconsin's penalty can extend to a felony charge. In Texas, which bars gambling on election outcomes, the issue was raised at a House Elections Committee hearing in August.

Rules differ by state and are changing quickly, so check your state's law before placing any event contract. Our prediction markets guide tracks the legal fight over these platforms.