Is Kalshi legal in Illinois?

By Vardan KhachatryanPublished: Updated: Litigation tracker

Yes, for now. Kalshi is legal in Illinois as a CFTC-regulated exchange, and its sports contracts are still live. Illinois calls them illegal gambling and passed a law requiring a state license. On October 2, 2026, a federal judge found that law likely preempted as applied to Kalshi.

Kalshi in Illinois

Contested for sports contracts, with no restriction in force.

Sports contracts
Available, but contested
Other contracts
Available
Regulator
CFTC: a designated contract market (DCM) and derivatives clearing organization
Rulings and actions in Illinois
3 on record, listed in the timeline
Legal sports betting
Online and retail since March 2020
State license for exchanges
Required since July 1, 2026; likely preempted for Kalshi, a judge ruled October 2
Federal appeals court
Seventh Circuit: has not ruled on the question
Last change
October 8, 2026

Each entry on this page links the ruling or report it rests on. Nothing here is legal advice.

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Why Kalshi is legal in Illinois, for now

Kalshi is a federally regulated exchange. The CFTC designated it a contract market in 2020, the status futures exchanges hold.

Kalshi says that puts its contracts under federal law alone. Illinois says the opposite, in writing and now in statute.

Its Gaming Board put it bluntly in October 2025: “‘Prediction markets’ constitute gambling activity under Illinois law.”

So why can you still trade? Illinois promised a federal court in June to hold off while a judge ruled. On October 2, 2026, she ruled for Kalshi in part. A written injunction is still to come.

What you can trade on Kalshi from Illinois

Everything Kalshi lists: sports, politics, economics, crypto, culture and weather. You must be 18 or over and pass its ID checks.

Sports carry the most money. Kalshi lists markets on the Bears, Cubs, White Sox, Bulls, Blackhawks and Sky, plus Illini and Northwestern games.

That matters here. Illinois sportsbooks may not take bets on Illinois college teams. Kalshi lists those games, Illini and Northwestern football included.

Politics is busy too. Gov. JB Pritzker faces Darren Bailey on November 3, 2026, and Juliana Stratton faces Don Tracy for the open U.S. Senate seat.

Kalshi lists both races, the secretary of state's race and the 2027 Chicago mayor's race. It even lists the daily high temperature in Chicago.

How Kalshi works for Illinois traders

A Kalshi contract is a yes-or-no question. It pays $1 if the answer is yes and nothing if it is no.

The price doubles as the odds. At 60¢, the market is saying about 60%.

Suppose the Bears are 60¢ to win Sunday. You buy 100 contracts for $60, and Kalshi's standard fee adds $1.68.

A Bears win pays $100, a $38.32 profit. A loss costs $61.68 in all.

There is no house on the other side, just another trader. Kalshi earns its fee whichever way the game goes.

The fee is largest at 50¢ and shrinks toward the edges. Our Kalshi fees guide has the full schedule.

What Illinois has said about Kalshi

More than most states. On April 1, 2025, the Illinois Gaming Board sent Kalshi a cease-and-desist letter. It said Kalshi's activity “constitutes illegal gambling.”

In October 2025, the board warned its own licensees. Taking part in prediction markets “may impact that party's suitability for licensure,” it wrote.

In March 2026, the attorney general's office agreed not to act against Kalshi while a related Coinbase case was pending. It also promised notice first.

Illinois has joined briefs backing other states against Kalshi, in the Third, Fourth and Ninth Circuits, Kalshi says.

Pritzker also signed Executive Order 2026-04 on April 21, 2026. It bars state employees from trading on nonpublic information. It limits no one else.

Then came the law. On June 16, 2026, Gov. JB Pritzker signed SB 3019, now Public Act 104-468. Its exchange rules took effect July 1.

Kalshi's lawsuit against Illinois, explained

SB 3019 rewrote the Sports Wagering Act. A sports contract “offered, traded, or executed on a prediction market or exchange” is now an “exchange wager.”

That means an exchange needs an Illinois sports wagering license. It also owes a fee of 1.75% on its first 5 million exchange wagers a year, then 3.5%.

Illinois says the change only clarified existing law, since sports wagering always included exchange wagering. Kalshi calls the license costly and uncertain.

Kalshi sued on June 23, 2026, in federal court in Chicago. The case is KalshiEX LLC v. Raoul, No. 1:26-cv-07363.

It names Attorney General Kwame Raoul, the governor and the Gaming Board. Kalshi argues federal law overrides both SB 3019 and older gambling laws.

On June 29, the state agreed not to enforce against Kalshi while its injunction request is pending. Kalshi dropped its emergency bid in return.

Judge Martha Pacold now has the case. She also has the CFTC's own suit against Illinois, filed April 2, and Coinbase's, argued in February.

She ruled on all three on October 2, 2026. Kalshi's core sports contracts, she found, are likely “swaps” under federal law.

So Illinois's license rule, and the criminal law behind it, are likely preempted as applied to Kalshi. Complying, she wrote, would force Kalshi “to build a market solely for Illinoisans.” She held the new fee for more briefing, but on October 8 all parties said none is needed. They must propose a written injunction by October 29.

What could change Kalshi's status in Illinois

The first is the written injunction. The parties must propose one by October 29, and its terms will set what Illinois can still enforce.

Illinois could appeal the injunction to the Seventh Circuit, which has not ruled on the question. The issue may reach that court first from Wisconsin.

On September 21, 2026, Kalshi asked the Seventh Circuit to hear a Wisconsin tribe's case against it. The trial judge called the questions “novel and complex.”

The circuits that have ruled are split. The Third sided with Kalshi in April; the Ninth and Sixth ruled against it in August and September. Kalshi has asked both to rehear its cases. On October 9, 2026, the CFTC proposed a rule defining event contracts, sports included, as swaps.

Lawmakers could act too. A Republican bill filed September 2, HB 5811, would repeal the exchange-wager fee.

New Jersey has asked the Supreme Court to settle it all, and Illinois joined 38 other states backing that request. Kalshi's response is due November 9. A ruling there would decide Illinois too. Our litigation tracker follows each case.

Kalshi in Illinois: timeline

Every change to Kalshi's position in Illinois, newest first. Each entry links the filing or order behind it.

All parties told Judge Pacold that fee briefing is unnecessary, since the fee applies only to licensees. Proposed injunctions are due October 29. Source
Judge Martha M. Pacold ruled that Kalshi's core sports contracts are likely swaps under the Commodity Exchange Act. She held Illinois's sports wagering license requirement, and the criminal law backing it, likely preempted as applied to Kalshi. She granted the injunction motions of Kalshi, Coinbase and the CFTC in part, and held the fee provisions for more briefing. Proposed injunction orders are due October 29, 2026. Source
Kalshi's case was reassigned to Judge Martha Pacold, who also has the CFTC's and Coinbase's suits against Illinois. Source
Illinois agreed not to enforce its sports wagering or criminal gambling laws against Kalshi while Kalshi's injunction request is pending. Source
Kalshi sued Illinois officials in federal court in Chicago to block SB 3019 and the state's gambling laws. Source
The CFTC asked the court to bar Illinois from enforcing its gambling laws against CFTC-regulated exchanges. Source
Gov. JB Pritzker signed SB 3019, which requires a state license for sports contracts on an exchange from July 1. Source
The CFTC and the United States sued Illinois, arguing federal law gives the CFTC exclusive control of these markets. Source
The Illinois Gaming Board told its licensees that prediction markets are gambling and could affect their suitability. Source
The Illinois Gaming Board sent Kalshi a cease-and-desist letter over unlicensed sports wagering. Source

How Kalshi compares to sports betting in Illinois

Sports betting is legal in Illinois, online and in person. Pritzker signed the law on June 28, 2019, and betting began in early March 2020.

It is big business. In 2025, 14 sportsbooks paid the state $479.6 million in tax on $1.48 billion of revenue.

They pay 20% to 40% of that revenue, plus 25¢ to 50¢ a wager since July 2025. Bettors must be 21.

Kalshi takes traders from 18 and pays no Illinois wagering tax. That gap is what SB 3019 was written to close.

The products look alike, and the state says they are the same thing. Kalshi says an exchange contract is a derivative, not a wager.

Other prediction market apps in Illinois

DraftKings and FanDuel run licensed sportsbooks in Illinois, and their prediction apps offer no sports contracts here. Fanatics Markets is not offered in Illinois.

The Gaming Board has warned its licensees that prediction markets could cost them their suitability. The table shows where each app we rank stands in Illinois.

For the full picture, see prediction markets in Illinois.

Every app we rank, in ranking order, and where it stands in Illinois.
AppStatus in IllinoisMore
Gemini PredictionsAvailable, sports includedGemini Predictions review
Polymarket USContested for sports contracts, with no restriction in forcePolymarket review
OGAvailable, but not for sports contractsOG review
Interactive BrokersAvailable; it lists no sports contracts anywhereInteractive Brokers review
RobinhoodContested for sports contracts, with no restriction in forceRobinhood review
ProphetXAvailable, sports includedProphetX review
CoinbaseAvailable, sports includedCoinbase review
WebullAvailable, sports includedWebull review
NovigAvailable, sports includedNovig review
DraftKings PredictionsAvailable, but not for sports contractsDraftKings Predictions review
Fanatics MarketsNot availableFanatics Markets review
FanDuel PredictsAvailable, but not for sports contractsFanDuel Predicts review
PrizePicksAvailable, but not for sports contractsPrizePicks review
Underdog PredictAvailable, sports includedUnderdog Predict review

How to use Kalshi in Illinois

Sign up with your email, confirm your identity with a driver's license or passport, then fund the account.

Kalshi takes bank transfers, debit cards, Apple Pay, PayPal, Venmo, wires and crypto, among others. Bank and wire deposits are free; cards can cost 2%.

Illinois taxes income at a flat 4.95%, and trading profits count. Federal tax applies on top.

Before you deposit, read our Kalshi review for its fees, payouts and lawsuits. New to this? Start with what prediction markets are.

Kalshi in Illinois: FAQ

Can I use Kalshi in Illinois?

Yes. If you are 18 or over, you can trade every category from Illinois, sports included. Illinois has not enforced its law against Kalshi, and a judge ruled for Kalshi on October 2, 2026.

Is Kalshi banned in Illinois?

No. Illinois says Kalshi's sports contracts are illegal without a state license, but it has not enforced that. On October 2, 2026, a federal judge in Chicago ruled it likely cannot, as applied to Kalshi.

Why did Kalshi sue Illinois?

To block SB 3019, which took effect July 1, 2026. The law treats sports contracts on an exchange as sports wagering that needs an Illinois license. Kalshi says federal law overrides it.

Is Kalshi legal in Illinois for sports?

For now, yes. Sports contracts are still live. On October 2, 2026, the judge found Illinois's license law likely preempted for them. The parties must propose an injunction by October 29.

How old do you have to be to use Kalshi in Illinois?

18. Illinois sportsbooks require bettors to be 21, a rule Kalshi does not follow as a federal exchange.

Can I sue Kalshi to get my losses back in Illinois?

People are trying. Illinois law lets a gambler recover losses of $50 or more from the winner. One suit, Lavery v. Kalshi, was dismissed in July and refiled; another moved to New York.

Do I pay tax on Kalshi winnings in Illinois?

Yes. Illinois taxes income at a flat 4.95%, and federal tax applies too. How the IRS treats event contracts is not settled, so ask a tax adviser.

Is Polymarket legal in Illinois?

Polymarket US operates in Illinois, but the Gaming Board sent it a cease-and-desist letter on January 27, 2026. Illinois says it has a similar standstill deal with Polymarket.

Is this legal advice?

No. It summarizes public rulings and filings, each cited. For a decision that matters, ask a lawyer licensed in Illinois.

Sources

  1. N.D. Ill.: KalshiEX LLC v. Raoul, No. 1:26-cv-07363 (docket)
  2. Kalshi's complaint against Illinois (June 23, 2026)
  3. Illinois's opposition brief in KalshiEX v. Raoul (July 17, 2026)
  4. N.D. Ill.: United States v. Illinois, No. 1:26-cv-03659 (docket)
  5. CFTC motion for a preliminary injunction against Illinois (June 17, 2026)
  6. CFTC Release 9206-26: CFTC sues Arizona, Connecticut and Illinois (Apr 2, 2026)
  7. Illinois Gaming Board: cease-and-desist letter to Kalshi (Apr 1, 2025)
  8. Illinois Gaming Board: memorandum on prediction markets (Oct 23, 2025)
  9. Illinois Gaming Board: cease-and-desist letter to Polymarket US (Jan 27, 2026)
  10. Illinois Executive Order 2026-04 on prediction markets (Apr 21, 2026)
  11. Illinois Gaming Board: sports wagering FAQ (Illinois college teams)
  12. Illinois Gaming Board: 2025 annual report
  13. Capitol News Illinois: Kalshi sues Illinois over its push to regulate sports bets
  14. W.D. Wis.: Ho-Chunk Nation v. Kalshi, No. 3:25-cv-00698 (docket)
  15. N.D. Ill.: Lavery v. Kalshi, No. 1:25-cv-14184 (docket)
  16. Yogonet: Illinois lawmaker files bill to scrap prediction market tax (Sep 10, 2026)
  17. Illinois Department of Revenue: income tax rates
  18. Ballotpedia: United States Senate election in Illinois, 2026
  19. CFTC designates KalshiEX LLC as a contract market
  20. Kalshi fee schedule
  21. Ninth Circuit: KalshiEX v. Assad, No. 25-7516 (Aug 28, 2026)
  22. Sixth Circuit: KalshiEX v. Schuler, No. 26-3196 (Sep 25, 2026)
  23. N.D. Ill.: memorandum opinion and order in the Coinbase, CFTC and Kalshi cases (Oct 2, 2026)
  24. N.D. Ill.: joint status report on fees (Oct 8, 2026)
  25. Sixth Circuit: Kalshi's petition for rehearing en banc, Nos. 26-3196/26-5235 (Oct 9, 2026)
  26. Supreme Court: brief of Ohio, 38 other states and DC backing New Jersey, No. 26-299 (Oct 7, 2026)
  27. CFTC Release 9310-26: proposed rule defining event contracts as swaps (Oct 9, 2026)
  28. Supreme Court docket: Flaherty v. KalshiEX, No. 26-299

18+. Event contracts can lose their entire value. Nothing here is financial or legal advice. Trading responsibly.