TUCSON, Ariz. (13 News) – One of the most unpredictable campaign seasons ever has gamblers asking the question, “Can I bet on the upcoming election?”
A new federal ruling is paving the way for legal political gambling, but it’s not that simple.
Kalshi, a platform where you can trade on real-world events allowed Americans to bet on which party will control the House and Senate.
The Commodity Futures Trading Commission called that illegal and potentially harmful to election integrity. The judge sided with Kalshi. The reaction from Arizona gaming was simple: It is illegal in Arizona to wager on elections.
Their spokesman told Fact Finders “Arizona statute prohibits election wagering – and that remains in effect despite developments in other states or at the federal level.”
The statute that applies here reads, “A person who, before or during an election provided by law, knowingly makes, offers or accepts a bet or wager, or takes a share or interest in, or in any manner becomes a party to the bet or wager, or provides or agrees to provide money to be used by another in making the bet or wager, upon any contingency whatever arising out of such election, is guilty of a class 2 misdemeanor.”
This includes online wagers because cross-state betting is not legal in Arizona or anywhere in the country. So, depending on the circumstances, you could face a felony or misdemeanor gambling violation. The maximum penalty for a class one misdemeanor for online gambling first offense is six months jail time. Class five felonies would include illegally benefiting or promoting gambling, like running or working for an illegal operation. And that could bring up to two and a half years in prison.
The Commission has already appealed the decision, and just hours after it began, legal betting on the outcome of U.S. Congressional elections has been put on hold by a federal appeals court.
The Court of Appeals for the District of Columbia Circuit issued an order Thursday night temporarily freezing the matter until it can consider and rule on the issue.
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