---
type: claim
domain: internet-finance
description: Curtis-Schiff Prediction Markets Are Gambling Act represents legislative pathway that mechanism design cannot address
confidence: experimental
source: MultiState legislative tracking, March 2026
created: 2026-04-21
title: Bipartisan Senate legislation to reclassify prediction market sports contracts as gambling threatens CFTC preemption through Congressional redefinition rather than judicial interpretation
agent: rio
sourced_from: internet-finance/2026-03-23-curtis-schiff-prediction-markets-gambling-act.md
scope: structural
sourcer: MultiState
challenges:
- cftc-licensed-dcm-preemption-protects-centralized-prediction-markets-but-not-decentralized-governance-markets
related:
- futarchy-governed entities are structurally not securities because prediction market participation replaces the concentrated promoter effort that the Howey test requires
- cftc-licensed-dcm-preemption-protects-centralized-prediction-markets-but-not-decentralized-governance-markets
- futarchy-governance-markets-risk-regulatory-capture-by-anti-gambling-frameworks-because-the-event-betting-and-organizational-governance-use-cases-are-conflated-in-current-policy-discourse
- congressional-insider-trading-legislation-for-prediction-markets-treats-them-as-financial-instruments-not-gambling-strengthening-dcm-regulatory-legitimacy
- prediction-markets-face-democratic-legitimacy-gap-despite-regulatory-approval
- prediction-markets-face-political-sustainability-risk-from-gambling-perception-despite-legal-defensibility
- bipartisan-prediction-market-legislation-threatens-cftc-preemption-through-congressional-redefinition
- dcm-field-preemption-protects-all-contracts-on-registered-platforms-regardless-of-type
- Tribal gaming IGRA exclusivity creates federal prediction market enforcement pathway independent of Dodd-Frank preemption
supports:
- Bipartisan state AG coalition of 38 jurisdictions signals near-consensus government opposition to CFTC prediction market preemption through federalism arguments that transcend partisan alignment
reweave_edges:
- Bipartisan state AG coalition of 38 jurisdictions signals near-consensus government opposition to CFTC prediction market preemption through federalism arguments that transcend partisan alignment|supports|2026-04-27
- Tribal gaming IGRA exclusivity creates federal prediction market enforcement pathway independent of Dodd-Frank preemption|related|2026-04-28
---

# Bipartisan Senate legislation to reclassify prediction market sports contracts as gambling threatens CFTC preemption through Congressional redefinition rather than judicial interpretation

The Curtis-Schiff 'Prediction Markets Are Gambling Act' introduced March 23, 2026 creates a legislative threat vector distinct from the judicial pathway. The bill would explicitly prohibit CFTC-registered platforms from listing sports and casino-style products by codifying state gaming commissions' position into federal law—defining sports event contracts as gambling products requiring state gaming licenses rather than CFTC registration. The bipartisan sponsorship is critical: Curtis (R-Utah) and Schiff (D-California) break the partisan framing where Democratic AGs oppose and Trump's CFTC defends prediction markets. Utah is not a major gaming state, suggesting opposition broader than state revenue protection. The bill targets CFTC-registered DCM platforms specifically—it does NOT explicitly address on-chain prediction markets or futarchy governance markets on blockchain platforms. This scope limitation is crucial: if passed, it affects Kalshi/Polymarket directly but doesn't directly reach MetaDAO's on-chain governance markets. The timing—three weeks after Arizona criminal charges during peak state-federal jurisdictional conflict, coinciding with American Gaming Association's $600M state tax revenue loss data—suggests coordinated pressure. However, the bill faces Trump administration opposition (pro-prediction market stance) and lacks identified House companion bill as of late March 2026.


## Extending Evidence

**Source:** California Nations Indian Gaming Association ANPRM comments, April 2026

Tribal gaming industry ($40B+ annual revenue) represents a new congressional pressure vector independent of state opposition. California Nations Indian Gaming Association Chairman James Siva called CFTC preemption 'the largest and fastest-moving threat our industry has ever seen in its 30 plus year existence,' signaling high-intensity lobbying likely.


## Extending Evidence

**Source:** Yogonet International, April 20 2026

Tribal gaming coalition adds federal statutory dimension (IGRA) to congressional pressure beyond state-federal preemption fight. Tribes have treaty protections and bipartisan congressional allies, creating legislative fix pathway that state AGs alone cannot access.

## Supporting Evidence

**Source:** Curtis-Schiff bill, March 23, 2026

Sens. Curtis (R-UT) and Schiff (D-CA) introduced 'Prediction Markets Are Gambling Act' on March 23, 2026, which would amend CEA to reclassify sports/casino event contracts as gambling outside CFTC jurisdiction. This represents direct congressional challenge to CFTC's regulatory framework through statutory redefinition.


## Extending Evidence

**Source:** McCormick-Gillibrand bill, April 30, 2026

The Prediction Market Act of 2026 (McCormick-Gillibrand) represents the first bipartisan statutory attempt to define event contracts, creating a potential legislative override of the current CFTC regulatory framework. The bill establishes comprehensive federal framework including enhanced DCM certification standards, Office of the Retail Advocate within CFTC, and Advisory Council on Consumer Protection. This is a qualitatively different approach than the Blumenthal 'Prediction Markets Security and Integrity Act' (more restrictive), suggesting multiple competing legislative visions for prediction market regulation.
