CHARLESTON, W.Va. — While gambling on elections continues to rise in popularity nationwide, it’s still not allowed in West Virginia.
National reports have shown companies such as Kalshi and Polymarket received more than $1 billion wagered online on the outcomes in Tuesday’s general election.
West Virginia Deputy Secretary of State Deak Kersey told WMOV Radio that wagering on elections in the Mountain State is not permitted.
“In fact, it’s a crime,” Kersey said. “Misdemeanor crime in election law that provides that, if you’re found guilty of wagering money or anything of value, in any election held in the state — so not just statewide elections, even municipal elections — you could be found guilty of a misdemeanor and fined up to $50.”
Kersey said that there’s a $50 fine per occurrence. He said it’s very straightforward; you are not allowed to bet money or anything of value on election outcomes. He said he’s not sure about what penalties that companies could face.
“West Virginia does not have a well-documented history of violations of this,” Kersey said. “I guess I could take a guess that the individuals that are allowing people to bet on elections, giving them a platform to do it, should have some culpability in playing a role in that.”
One thing is for certain, he said. If you bet on elections, you will be prosecuted.
“At least in West Virginia, the crime is imposed on the individuals who make the wagers,” Kersey said.
Kersey noted that West Virginia hasn’t seen election wagering in more than a century.
“Back in 1889, in Gilmer County, there were actually two instances of two groups of individuals, so four total people were charged and convicted, of wagering on elections,” Kersey said. “One was for a county race, and the other was for a presidential elector’s.”
He said that one of the groups bet $1 each. The court fined them $51 apiece. Meanwhile, the other group each bet $50 and their fine was $100. Kersey noted that the one-dollar bet in 1889 is equivalent to $36 in today’s money. Similarly, he said a $50 fine equals $1,800 in 2026.
Kersey said the $50 bettors, receiving a $100 fine in 1889, is equivalent to $3,600 in the 21st century.
While a dollar’s value has shifted in the 137 years since the last conviction, Kersey said the penalties haven’t changed for election betting.
“What’s interesting is, the amount of the fine in 1889, is exactly what it is today,” Kersey said. “It was $50, was the max. The law has been changed a little bit, it was last amended in West Virginia in 1962, capping the fine at $50.”
Polls open Tuesday morning at 6:30 across the Mountain State and close at 7:30 p.m.