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Could you lose your right to vote if you bet on an election?

Wisconsin says yes — and the issue is coming to New York.

Could you accidentally gamble away your right to vote?

If you live in Wisconsin, and you bought contracts on a prediction market like Kalshi about who would win elections there, you’ve done just that, according to state election officials. And they think that if you vote anyway, you could be prosecuted.

“We want voters to understand that they cannot legally make a bet on an election and cast a ballot in that same election,” Meagan Wolfe, administrator of the Wisconsin Elections Commission, said in a statement Tuesday, ahead of the state’s August 11 primaries.

The reason wasn’t a new law about online markets but a very old statute dating back to the year 1849 — just after Wisconsin became a state.

“No person shall be allowed to vote in any election in which the person has made or become interested, directly or indirectly, in any bet or wager depending upon the result of the election,” the statute reads.

The bipartisan commission also said those voters could be on the hook for felony exposure, if they know about the prohibition and vote anyway. Intentionally voting while not being qualified to do so is a felony, per state law. “It’s important for voters to understand the consequences if they bet on an election outcome,” Wolfe said.

Many other states have laws on the books against gambling on elections. Wisconsin is the first where officials are saying people are banned from voting if they do it through prediction markets.

And it may not be the last, since New York has a very similar provision in both its constitution and state law.

“In New York State, voting in an election in which an individual has placed any bet or wager on the result is prohibited,” Kathleen McGrath, director of public information for the New York State Board of Elections, told me.

The New York attorney general’s office has not yet issued a formal opinion on whether Kalshi and Polymarket election bettors are barred from voting in elections they’ve wagered on. But they’re currently locked in a court battle to try and get Kalshi regulated under state gambling laws.

All this makes for a potentially explosive situation in the upcoming midterms, given the rapid growth of the industry, which has rolled out massive advertising campaigns and sponsorship deals to attract customers this election cycle.

Prediction market companies have responded with fury. Benjamin Freeman of Kalshi posted on X that this was “insane,” blatantly unconstitutional,” “illegal,” “dishonest,” and........

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