Prediction market company Kalshi has filed a lawsuit against the state of Illinois after Illinois Governor JB Pritzker signed SB 3019, the budget bill, into law last week.

 

The lawsuit, which was filed in the U.S. District Court for the Northern District of Illinois, lists key state officials as defendants, including Governor JB Pritzker, Illinois Attorney General Kwame Raoul, and other members of the Illinois Gaming Board, including Dionne R. Hayden.

 

By filing the lawsuit, Kalshi aims to block Illinois from enforcing the new tax law. Under the new law, cryptocurrency transactions in the state will be subject to taxation. The law also establishes a “Sports Wagering Fund” that would impose a 15% tax on gross receipts from sports-related prediction markets operating in the state. However, Kalshi argues that the law is preempted by the Commodity Exchange Act, asserting that its sports-event contracts are regulated by the Commodity Futures Trading Commission (CFTC).

 

“This action challenges the State of Illinois’s clear violation of the Supremacy Clause with respect to the regulation of event contracts,” Kalshi said in its complaint.

 

“The federal Commodity Exchange Act (CEA) grants the Commodity Futures Trading Commission (CFTC) exclusive jurisdiction over event contracts when they are traded or executed on a contract market that has been federally designated for that purpose.”

 

With the lawsuit filed, Illinois joins the growing list of states facing legal action from Kalshi. Late last month, Kalshi filed a lawsuit against Minnesota after the state banned prediction markets, becoming the first U.S. state to do so. Kalshi has also filed preemptive lawsuits against Rhode Island, Arizona, and Iowa.

 

CFTC’s Stance on Sports Event Contract Regulation

Despite strict regulatory control over prediction market activities by various state regulators, the U.S. Commodity Futures Trading Commission has maintained its position as the only agency with exclusive federal jurisdiction over event contracts traded on prediction market platforms.

 

Amid regulatory actions taken by state regulators, the CFTC this month released a framework that provided greater clarity on the regulation of event contracts while protecting prediction markets from state-level interference. To assert its authority, the CFTC has also sued state regulators in Arizona, Connecticut, New York, Minnesota, and New Mexico for their harsh regulatory stance on prediction market activities.