The Wisconsin Elections Commission (WEC) has issued a warning to voters about engaging in election-related betting on platforms like Kalshi and Polymarket, indicating that individuals who both place bets and vote in the same election might be violating state law and committing a felony.

In a statement released on Tuesday, the Commission specified that Wisconsin regulations prohibit any individual from voting “in any election where the person has placed or holds an interest, either directly or indirectly, in any bet or wager that is contingent on the outcome of that election.”

This advisory was prompted by a legal memo from the Commission’s legal counsel, which concluded that transactions on election-related prediction markets hosted by Kalshi and Polymarket are classified as a “bet” or “wager” under the applicable law.

“Commission staff believes that the prohibition against ‘any bet or wager depending upon the result of the election’ § 6.03(2) encompasses making trades on election-related prediction markets,” the memo stated.

After reviewing the legal interpretation, election commissioners voted to release the public warning.

Kalshi and Polymarket disputed the Commission’s interpretation, asserting that their platforms function as financial exchanges for futures contracts instead of gambling services.

“Kalshi boasts hundreds of thousands of users in Wisconsin,” a company spokesperson remarked. “Stating that they cannot vote simply because they use Kalshi is not only misleading, but also constitutes voter suppression!”

The spokesperson expressed concern that the Commission’s warning might deter qualified voters from participating in elections.

“If even a small number of our users in Wisconsin are scared off from voting, it could easily sway the election outcome,” the spokesperson commented, labeling the WEC’s news release as “extremely detrimental to democracy.”

“We urge the WEC to retract their statement before a court compels them to do so,” the spokesperson added.

A representative from Polymarket indicated that the company plans to contest the Commission’s stance through legal avenues.

During the Commission’s discussions, Wisconsin Elections Commissioner Ann Jacobs defended the state’s ban on election betting by voters.

“We want individuals to have the ability to vote based on their belief in the best candidate for the position,” Jacobs stated. “Not to profit financially.”