A second Wisconsin lawsuit has been filed looking to block the Wisconsin Elections Commission’s guidance that those who place wagers on a prediction market on the outcome of an election cannot then vote in that election.
Green Bay radio host Joseph Giganti is challenging the rule, asking for a preliminary injunction before the Nov. 3 general election.
Giganti, who is represented by the Competitive Enterprise Institute, argues that the rule places an unjustified burden on voters and it violates the equal protection clause because it treats those with financial interests impacted by an election unfairly.
It also claims the WEC guidance burdens his First Amendment right to expression because his intended wagers would communicate his political views.
“The question is whether Wisconsin may deny an otherwise qualified voter’s ballot because of these particular transactions,” CEI Senior Counsel Soriya Chhe said in a statement. “We have asked the court to address Mr. Giganti’s claim before the election, when relief can still protect his vote.”
The complaint was filed in U.S. District Court for the Eastern District of Wisconsin. A similar complaint was filed in Kenosha County Circuit Court by H.O.T. Government President Jay Stone.
Stone requested the commission issue an advisory opinion on his eligibility to vote in the upcoming election but the commission did not respond.
