# Is Kalshi Legal in Washington State? The Court Order, and Polymarket

A King County judge ordered Kalshi on 12 August 2026 to stop offering sports, election, politics, culture, tech and mentions contracts in Washington. What the order covers, what it leaves out, and where Polymarket US and polymarket.com stand.

Canonical URL: https://vultax.com/research/prediction-market-legality/united-states/washington
Author: [Vultax Research Team](https://vultax.com/editorial-policy#who)
Published: 2026-10-30
Last public revision: 2026-10-30

AI-assisted drafting, research and editing. Published by OmniOS OÜ. [How we use AI](https://vultax.com/editorial-policy#ai)

Published research snapshots and calculations; these exports do not contain current quotes or live account data. Observation windows and populations are stated in the source captions and methodology. Missing metadata is unknown, not zero. Describes court orders, regulatory measures and venue documents as read on 30 October 2026, with federal docket entries as checked on 23 September 2026. The Washington order is a preliminary injunction, not a final judgment. Nothing here is legal or financial advice.

## Key figures

- Kalshi contract categories barred in Washington: 7 — Sports, elections, politics, entertainment, culture, tech and science, and mentions, under the 12 August 2026 King County order
- Categories the order leaves out: 4 — Commodities, climate, economics and finance
- Deadline for Kalshi's multi-source geofence: 2 Sep 2026 — IP-address and residency geofencing was due by 19 August
- Washington court actions naming Polymarket: None found — In the Vultax case record and the Attorney General's releases, checked 30 October 2026; this is not a finding that Polymarket is permitted

<a id="short-answer"></a>
## The short answer

Not for most of what Kalshi lists. On 12 August 2026 Judge John McHale of King County Superior Court signed an amended preliminary injunction in State of Washington v. KalshiEX LLC (No. 26-2-10264-3 SEA). It orders Kalshi to stop offering, accepting and marketing contracts in Washington on sports, elections, politics, entertainment, culture, tech and science, and mentions. Kalshi's commodities, climate, economics and finance contracts are outside the order.

A preliminary injunction is not a final judgment. The judge found that the State is likely to show Kalshi broke Washington's Gambling Act and Consumer Protection Act, and that consumers would likely be harmed without an order. The case itself has not been decided.

Polymarket is a separate question with two parts. The international site, polymarket.com, is closed to new trades from anywhere in the United States under Polymarket's own documentation. Polymarket US, the app on the CFTC-registered QCX exchange, is not named in the Washington order, and Vultax found no Washington court action against it. That absence is not permission: Washington law treats online gambling as a crime, and whether a CFTC-registered contract counts as gambling is exactly what the Kalshi case is about.

<a id="venues"></a>
## Kalshi, Polymarket US and polymarket.com in Washington

The three products have different operators and different legal footing, so each gets its own row. Venue rules and court orders are listed separately from what Vultax could not establish.

Read 30 October 2026. A row says what a court or a venue's own document states; it is not a finding that any trade is lawful.

| Product | What applies in Washington | Source and date |
| --- | --- | --- |
| Kalshi: sports, elections, politics, entertainment, culture, tech and science, mentions | Barred by a preliminary injunction; Kalshi must block new purchases from anyone located in Washington and stop Washington-targeted advertising | King County Superior Court order signed 12 August 2026 |
| Kalshi: commodities, climate, economics, finance | Not covered by the order | Same order, paragraph (3) |
| Polymarket US (QCX exchange) | Not named in any Washington action Vultax found; its app terms require users to meet local age and eligibility rules and name no state | Polymarket US app terms effective 23 October 2026; Vultax case record checked 30 October 2026 |
| polymarket.com (international) | Close-only for the whole United States in the developer documentation; the help page lists the US as completely restricted | Polymarket documentation and help page, read 30 October 2026 |

[CSV](https://vultax.com/research/prediction-market-legality/united-states/washington/data.csv?dataset=venues-table), [JSON](https://vultax.com/research/prediction-market-legality/united-states/washington/data.json?dataset=venues-table)

<a id="the-order"></a>
## What the 12 August order requires

The amended order replaces the preliminary injunction the court granted in July. Its operative part, section III, has four numbered paragraphs.

- The categories - Kalshi must stop marketing, offering or accepting contracts in Washington related to sports, elections, politics, entertainment, culture, tech and science, or mentions, including everything under those tabs on its platform. Bets in commodities, climate, economics and finance are expressly left out.
- Geofencing - IP-address and residency geofencing by 19 August 2026, then a multi-source geofence from GeoComply by 2 September, designed to stop anyone located in Washington from buying a covered contract. If the GeoComply system was late, Kalshi had to pay the State $120,000 a day or file a sworn explanation.
- Existing positions - Kalshi may not stop users exiting positions they already hold, and Washington customers may close their accounts and withdraw their funds.
- Advertising - Advertising aimed at Washington or its residents must stop, and Kalshi must make good-faith efforts to leave Washington out of national campaigns where that is technically feasible.
- Records and money - Kalshi must preserve records about Washington users, including location checks, and hold the fees it earned from prohibited activity. The State keeps the right to seek recovery of fees and losses from 2 September onwards.

<a id="why"></a>
## Why Washington says these contracts are gambling

Washington's Gambling Act defines gambling as staking something of value on a contest of chance or a future contingent event, and the order records that the Legislature made online gambling a crime in 2006. Sports betting is allowed only at tribal casinos, under a 2020 law. The court found that Kalshi holds no licence from the Washington State Gambling Commission and is not registered to do business in the state.

Kalshi's position, here and in other states, is that its contracts are swaps listed on a CFTC-designated exchange, so the Commodity Exchange Act leaves their regulation to the CFTC alone. The King County court did not accept that at this stage; federal appeals courts are divided on the same argument, as the [US guide](https://vultax.com/research/prediction-market-legality/united-states) sets out.

<a id="where-it-stands"></a>
## Where the case stands

The State's case is in King County Superior Court. Kalshi asked the Washington Court of Appeals to stay the injunction and was refused, the Attorney General's office said on 13 August. Kalshi then asked the trial judge to reconsider, KOMO News reported, pointing to the State's 18 August agreement not to enforce against a different exchange while the Ninth Circuit appeals are pending; a September refusal has been reported but Vultax has not seen the order, and the Attorney General has announced nothing on the case since 13 August. Kalshi had earlier moved the case to federal court; it was sent back to the state court, and Kalshi's appeal of that remand (Ninth Circuit No. 26-3106) was paused when Vultax last checked the docket on 23 September 2026.

Two things outside Washington could change the picture. Washington is in the Ninth Circuit, which ruled for Nevada on 28 August 2026 that Kalshi had not shown federal law likely pre-empts state gaming law. Three petitions ask the Supreme Court to settle whether federal law displaces state gambling law for these contracts. Responses are due on 13 and 16 November 2026 in two of them; in the third, New Jersey's (No. 26-299), the response is due on 9 November, and Kalshi asked on 29 October, unopposed, to move it to 7 December. Each case is in the [lawsuit tracker](https://vultax.com/research/prediction-market-lawsuit-tracker).

<a id="cftc"></a>
## The CFTC's October rules

On 19 October 2026 the Federal Register published two separate CFTC measures. An interim final rule, in force that day, keeps casino-style gambling products offered under a state or tribal gambling authorisation outside the definition of a swap. A proposed rule would add specified event contracts to that definition; it is only a proposal, and comments close on 18 November.

Neither measure decides the Washington case. If the proposal is adopted, Kalshi could cite it as support for federal jurisdiction, and the State could still argue that its gambling law applies.

<a id="what-it-means"></a>
## What this means if you are in Washington

- Location counts - The geofence is about where you are, not where you live: the order covers anyone located within Washington's boundaries.
- Open Kalshi positions - You can close them, and you can close your account and withdraw funds.
- Kalshi economics and climate contracts - They are outside this order. That says nothing about how the court will rule on them later.
- Polymarket US - No Washington order names it. Its terms make you responsible for meeting local eligibility rules, and the State's legal theory against Kalshi would reach any venue offering the same contracts.
- polymarket.com - It does not accept new trades from the United States, and Polymarket's help page says using a VPN to get around location limits breaks its terms.

<a id="method-and-limits"></a>
## Method and limits

The order was read from the filed copy linked in the Attorney General's release; the stay refusal is as the Attorney General reported it. Federal docket entries are as checked for the lawsuit tracker on 23 September 2026; the Attorney General's releases, the statutes, the Supreme Court dockets, CFTC rules and venue documents were read on 30 October 2026. Vultax did not test access from Washington and has not seen any later order amending this one.

This page describes legal documents; it is not legal advice. Challenge a line at research@vultax.com.

## Questions

### Is Kalshi legal in Washington state?

Most Kalshi contracts are barred there for now. A King County Superior Court preliminary injunction signed on 12 August 2026 orders Kalshi to stop offering sports, election, politics, entertainment, culture, tech and science, and mentions contracts in Washington. Commodities, climate, economics and finance contracts are outside the order.

### Can I still close my Kalshi positions in Washington?

Yes. The order says Kalshi may not stop users exiting positions they already hold, and Washington customers may close their accounts and withdraw funds.

### Is the Washington order final?

No. It is a preliminary injunction: the judge found the State likely to succeed, and the case continues. The Washington Court of Appeals refused Kalshi a stay, according to the Attorney General.

### Is Polymarket legal in Washington state?

polymarket.com does not accept new trades from the United States. Polymarket US, the CFTC-registered app, is not named in any Washington action Vultax found, but that is not permission: Washington treats online gambling as a crime, and whether such contracts are gambling is the question in the Kalshi case.

## Sources and methodology

- [King County Superior Court: amended order granting the State's preliminary injunction, State of Washington v. KalshiEX LLC, No. 26-2-10264-3 SEA (signed 12 Aug 2026)](https://agportal-s3bucket.s3.us-west-2.amazonaws.com/Consumer%20Protection/64_OrdGrantAmendMtnPI.pdf?VersionId=a9FvcaBwWpQETWxbKUdHL1jqjTOD6XAi) — 16 pages, Judge John McHale; section III sets the covered categories, the geofencing deadlines and the right to exit positions
- [Washington Attorney General: Judge orders Kalshi to cease numerous Washington operations (13 Aug 2026)](https://www.atg.wa.gov/news/news-releases/judge-orders-kalshi-cease-numerous-washington-operations) — Says the Court of Appeals denied Kalshi a stay and that the order does not cover every Kalshi contract
- [KOMO News: Kalshi asks King County judge to reconsider Washington injunction (21 Aug 2026)](https://komonews.com/news/local/kalshi-bet-on-anything-asks-king-county-judge-to-reconsider-washington-injunction-washington-attorney-general-prediction-market-gambling-commission) — Press report; the motion and any ruling on it were not seen
- [Washington State Legislature: RCW 9.46.0237, definition of gambling](https://app.leg.wa.gov/RCW/default.aspx?cite=9.46.0237)
- [Washington State Legislature: RCW 9.46.240, gambling information transmitted by internet](https://app.leg.wa.gov/RCW/default.aspx?cite=9.46.240) — The 2006 online-gambling offence
- [Polymarket US: app terms of service, effective 23 Oct 2026](https://polymarket.us/tos) — QC Tech's app, separate from the QCX exchange and QC Clearing; section 3 sets age, eligibility and identity checks
- [Apple App Store: Polymarket US app listing (read 30 Oct 2026)](https://apps.apple.com/us/app/polymarket-trade-live-sports/id6648798962) — Says "in all 50 states*" with the footnote "Trading currently unavailable in NV"; the Google Play listing has no Nevada note
- [Polymarket documentation: geographic restrictions (read 30 Oct 2026)](https://docs.polymarket.com/api-reference/geoblock) — Blocked, close-only and website-only close-only lists for polymarket.com; does not cover Polymarket US
- [Polymarket Help Center: geographic restrictions (read 30 Oct 2026)](https://help.polymarket.com/en/articles/13364163-geographic-restrictions) — Updated 29 Oct 2026; headed 40 countries completely restricted but listing 41 codes, and differs from the developer documentation
- [CFTC: interim final rule excluding casino-style gambling, 91 FR 65969 (19 Oct 2026)](https://www.govinfo.gov/content/pkg/FR-2026-10-19/html/2026-21376.htm) — RIN 3038-AF81; in effect from 19 October 2026 (release 9309-26); comments close 18 November
- [CFTC: proposed rule on event contracts, 91 FR 66022 (Federal Register, 19 Oct 2026)](https://www.govinfo.gov/content/pkg/FR-2026-10-19/pdf/2026-21377.pdf) — RIN 3038-AF82; announced 9 October (release 9310-26); a proposal, comments close 18 November 2026
- [Supreme Court docket 26-299, Flaherty v. KalshiEX (read 30 Oct 2026)](https://www.supremecourt.gov/docket/docketfiles/html/public/26-299.html) — Response due 9 November 2026; on 29 October Kalshi asked, unopposed, to move it to 7 December
- [Supreme Court docket 26-338, Robinhood Derivatives v. Dreitzer (read 30 Oct 2026)](https://www.supremecourt.gov/docket/docketfiles/html/public/26-338.html) — Response due 13 November 2026
- [Supreme Court docket 26-344, North American Derivatives Exchange (Crypto.com) v. Nevada (read 30 Oct 2026)](https://www.supremecourt.gov/docket/docketfiles/html/public/26-344.html) — Response due 16 November 2026
- [Kalshi's request to extend the time to respond in No. 26-299 (letter of 29 Oct 2026)](https://www.supremecourt.gov/DocketPDF/26/26-299/431233/20261029183513514_2026-10-29%20Flaherty%20v%20KalshiEX%20LLC%20Extension%20Request.pdf) — Asks to move the brief in opposition from 9 November to 7 December 2026; not yet granted when read on 30 October
- [Vultax: Prediction market lawsuit tracker](https://vultax.com/research/prediction-market-lawsuit-tracker) — Every case Vultax follows, each checked against the court record