Are Prediction Markets Legal in Wisconsin?

Last updated September 27, 2026. Snapshot — not legal advice.

As of September 27, 2026, the legality of prediction markets in Wisconsin is unresolved — litigation is ongoing with no final ruling yet.

Prediction markets in Wisconsin

Contested on several fronts — mixed signals
Wisconsin is the state where the federal government itself lost. The Attorney General sued three platforms on the same day, April 24, 2026 — Kalshi (No. 3:26-cv-00378), QCX/Polymarket US (No. 3:26-cv-00375) and Foris Dax/Crypto.com (No. 3:26-cv-00381), all removed to the Western District — and the United States and the CFTC countersued the state; in July 2026 a federal judge denied the federal plaintiffs a preliminary injunction, and three appeals — by the United States and the CFTC, by Kalshi, and by the American Gaming Association — are now consolidated at the Seventh Circuit. Two more exchanges sued anyway, in a different federal district, on the preemption theory that had just failed in the other one: Novig in August 2026 and Underdog on September 8. Separately, in the Ho-Chunk Nation’s Indian Gaming Regulatory Act suit against Kalshi, the court found the tribe likely to succeed but denied a preliminary injunction (May 2026), then in September certified that ruling for an interlocutory appeal and stayed the case; Kalshi has asked the Seventh Circuit to hear it.

Litigation affecting Wisconsin

Ho-Chunk Nation v. Kalshi, Inc.The court certified its IGRA ruling for interlocutory appeal and stayed the case (September 11, 2026); Kalshi petitioned the Seventh Circuit to hear it.
Stayed; interlocutory appeal sought (7th Cir.)
State of Wisconsin v. Kalshi, Inc.Wisconsin sued Kalshi, Polymarket US and Crypto.com in three parallel actions on April 24, 2026, prompting the federal countersuit against the state.
Remand and state injunction motions pending
United States v. State of WisconsinJudge Griesbach denied the United States and the CFTC a preliminary injunction against Wisconsin (July 2026), along with three motions to intervene; three appeals followed and were consolidated in the Seventh Circuit.
Federal injunction denied; on appeal (7th Cir., consolidated)
Ludlow Exchange LLC (Novig) v. KaulNovig sued Wisconsin’s Attorney General and gaming administrator (August 2026), weeks after a federal judge in the same state rejected the CFTC’s identical preemption theory.
Answered; pretrial conference set
Underdog Exchange DCM, Inc. v. KaulUnderdog sued WI officials (September 8, 2026) for a declaration that federal law preempts state enforcement against its sports event contracts.
Filed; no ruling

Which platforms are available in Wisconsin?

Each platform’s own published availability list, checked September 24, 2026. This table covers the platforms whose complete list we could verify from a primary source: Kalshi, Polymarket (international), DKeX (DraftKings Predictions), Underdog (Underdog Predict), Novig.

Platform availability in Wisconsin
PlatformStatus in WisconsinSource
KalshiOffered here, per the platform’s own availability listPlatform’s list
Polymarket (international)Unavailable herePlatform’s list
DKeX (DraftKings Predictions)Offered, with sports restrictedPlatform’s list (archived Sep 16)
Underdog (Underdog Predict)Offered here, per the platform’s own availability listPlatform’s list
NovigOffered here, per the platform’s own availability listPlatform’s list

Sports betting & gambling in Wisconsin

Legal — Retail Only

Sports betting only at tribal casinos under amended Class III compacts (first live November 2021); no state online market The market is regulated by the Wisconsin Division of Gaming (Department of Administration; tribal via compacts). Tribal gaming: Significant (tribal-only market; relevant to IGRA).

The federal-vs-state fight

Every entry in this fight turns on the same question: does a prediction-market platform's federal regulation by the CFTC preempt a state's gambling law, or does the state retain authority to restrict it? Courts around the country are answering that question differently — sometimes for the platform, sometimes for the state — and almost every ruling so far is preliminary and under appeal. Treat this page as a snapshot, not a final word.

This page is informational, not legal advice. Nearly every litigation entry referenced here is a preliminary ruling under appeal. Always verify a platform's current, location-specific eligibility directly with the venue before relying on this page.