CFTC Appeals Kalshi Ruling, Aiming to Ban Election Betting Contracts

On September 19, 2024, the Commodity Futures Trading Commission (CFTC) intensified its legal battle against the prediction market platform Kalshi, requesting the US Court of Appeals for the District of Columbia to halt election betting on the platform. This move follows a recent district court ruling that had allowed Kalshi to offer contracts related to U.S. elections.

CFTC Appeals Court Decision on Election Betting as Concerns Over Integrity Rise

The legal dispute stems from the CFTC's concerns about the potential risks associated with election betting, which the agency believes could undermine the integrity of U.S. elections. The district court had sided with Kalshi, allowing it to operate contracts tied to electoral outcomes. The case now moves to the appeals court, where Judges Patricia Millett, Cornelia Pillard, and Florence Pan will hear arguments from both parties.

Rob Schwartz, the CFTC’s general counsel, expressed concern that permitting betting on elections would erode public confidence. He stated, “These are important issues, and the district court issued a seriously flawed decision that, if it goes into effect, lets Kalshi immediately open its futures exchange to high-stakes betting on the congressional elections in November.”

Read more: U.S. lawmakers urge U.S. Commodity Futures Trading Commission (CFTC) to ban polymarket platforms from 2024 election betting

CFTC's Position on Election Betting Sparks Debate Over Regulatory Oversight

The CFTC's argument hinges on the belief that financial regulators should not oversee election-related betting. Chair Rostin Behnam reiterated this sentiment, stating, “I just don’t think that Congress or the general public wants a financial federal regulator policing elections.” This position raises broader questions about the role of prediction markets in politics and highlights the lack of clear congressional guidelines.

Kalshi’s attorneys countered that betting on elections is akin to sports betting, emphasizing their rigorous identity verification policies to maintain fairness and integrity within the platform.

Court Ruling on Kalshi Case Could Redefine Regulatory Landscape for Election Betting

As both sides await the court’s ruling, the implications for election betting are significant. The decision could reshape how financial regulators handle emerging markets, especially as the U.S. approaches the next elections. Legal experts have urged Congress to establish clearer guidelines to mitigate future conflicts between new markets and traditional regulatory frameworks.

The CFTC has previously indicated a desire to ban event contracts on sensitive topics, including elections, which adds another layer of complexity to the ongoing discussions. The outcome of this case is likely to influence not only the future of Kalshi but also the regulatory landscape for prediction markets overall.

Read more: Months of negotiations between FTX and the CFTC ended, with both parties agreeing on a $12.7 billion settlement

Conclusion

The ongoing legal battle between Kalshi and the CFTC highlights critical issues at the intersection of finance, regulation, and democracy. As both parties prepare for the appeals court ruling, the stakes remain high, and the outcome could significantly impact the future of election betting in the United States.