U.S. Court of Appeals Approves Kalshi’s Election Betting

Presidential election 2024 sign on American flag.

Federal appeals court allows betting on U.S. Congressional elections, sparking concerns over election integrity.

At a Glance

  • U.S. Court of Appeals lifts restrictions on Kalshi’s election betting platform
  • CFTC argues that betting on elections could undermine integrity and be manipulated
  • Critics warn of potential foreign interference and wealthy individuals’ influence
  • Kalshi claims their platform provides accurate election forecasting
  • CFTC working on broader regulations to ban contracts on elections

Court Overrules CFTC, Allows Election Betting

In a controversial decision, the U.S. Court of Appeals for D.C. has temporarily allowed Kalshi, a prediction market company, to offer betting on Congressional elections. This ruling comes despite objections from the Commodity Futures Trading Commission (CFTC), which had attempted to prohibit KalshiEx from offering “Congressional Control Contracts.” The decision has reignited debates about the potential risks to our democratic process and the integrity of our elections.

The CFTC, which oversees futures markets, is now appealing the lower court’s decision and has requested expedited proceedings. The commission argues that allowing such contracts could open the door to manipulation by foreign entities and wealthy individuals, potentially undermining the foundations of our electoral system.

“The appeals court decision rejected an effort by the Commodity Futures Trading Commission to prohibit KalshiEx from offering ‘Congressional Control Contracts’ while the CFTC appealed the lower-court decision giving the green light for such bets.” – CNBC

Concerns Over Election Integrity and Manipulation

Critics of the court’s decision have raised serious concerns about the potential for these betting markets to be manipulated through the use of artificial intelligence, deepfakes, and social media campaigns. Stephen Hall from Better Markets emphasized the dangers of combining gambling with our electoral process, warning that it could intensify existing threats to election integrity.

“The use of AI, ‘deepfakes’ and social media to manipulate voters and influence election outcomes has already become all too real. Ready access to an election gambling contract such as Kalshi’s will intensify that danger with the promise of quick profits,” he said in a statement.

The CFTC’s General Counsel, Rob Schwartz, highlighted the sensitive nature of election betting in the current political climate, where doubts about election integrity are already prevalent among many Americans.

Kalshi’s Defense and Potential Precedent

Kalshi, the company at the center of this controversy, argues that their platform provides accurate election forecasting data and allows people to hedge bets on outcomes. They claim that these contracts serve a legitimate economic purpose and do not constitute gambling. However, this assertion is hotly contested by regulators and critics who fear the broader implications of allowing such markets to operate.

The court’s decision could set a dangerous precedent, potentially allowing other companies to offer similar election-related gambling products. This has prompted the CFTC to work on broader regulations aimed at banning contracts on elections, awards shows, and sports, in an effort to safeguard our political system from undue influence.

The Path Forward

As this legal battle continues, it’s crucial for American voters to stay informed about potential threats to our voting system. The tension between financial innovation and protecting the foundations of our republic is evident in this case, highlighting the need for careful consideration of the long-term consequences of allowing election betting.

Senator Merkley has spoken out against the court’s decision, emphasizing the need to protect our electoral process from the influence of gambling interests. As the CFTC pursues its appeal and works on broader regulations, the outcome of this case could have far-reaching implications for the integrity of future elections and the role of prediction markets in our democratic system.

Sources:

  1. Kalshi resumes taking bets on U.S. election after appeals court lifts freeze
  2. Federal appeals court allows prediction market Kalshi to offer US election betting
  3. Federal appeals court pauses ruling allowing prediction market Kalshi to offer US election betting
  4. Federal judge lifts CFTC ban on political contracts for Kalshi
  5. Court says betting on U.S. congressional elections can resume, for now