Wisconsin Online Gambling
The Wisconsin online gambling market is restrictive on paper, but significant gray areas in the law allow players to access multiple unregulated alternatives.
For example, Wisconsin’s gambling laws definitively prohibit online casinos, but sweepstakes casinos serve as a similar alternative. Similarly, fantasy pick ’em apps provide a close approximation to online sports betting in Wisconsin.
Continue for our complete Wisconsin online gambling guide. Below, we’ll explain which forms of online gambling are expressly legal in Wisconsin, which exist in a gray area, and what you need to know to play safely and responsibly.
Legal Wisconsin Gambling Sites
21+ and present in WI. T&Cs Apply. Gambling Problem? Call 1-800-522-4700.
Wisconsin Online Gambling Overview
| Type of Gambling (minimum age) | Legal Status | Notes |
| Online Casinos (n/a) | Illegal | Prohibited under WI Constitution Art. IV, § 24 and WI Stat. Ch. 945. |
| Sweepstakes Casinos (18+) | Gray Area | Operates under US sweepstakes law; not explicitly authorized or prohibited in WI. |
| Online Poker (n/a) | Illegal | Treated the same as online casinos under WI Stat. Ch. 945. |
| Online Sports Betting (21+) | Limited | Authorized via amended tribal compacts; wagering is geofenced to tribal lands. |
| Daily Fantasy Sports (18+) | Legal/Unregulated | Deemed skill-based; operates in a legal gray area without specific state law. |
| Fantasy Pick ’em Contests (18+) | Legal/Unregulated | Treated the same as DFS; major operators are active in WI. |
| Online Lottery Sales (n/a) | Illegal | Prohibited under Wis. Const. art. IV, § 24(6)(c)(11) and Wis. Stat. § 565.17(1m) |
| Online Horse Betting (18+) | Legal/Unregulated | State law does not address online wagering; major ADWs active in WI. |
Wisconsin Online Casinos
Online casinos are illegal in Wisconsin.
Currently, there is no legal way to play casino games online in Wisconsin. State law prohibits online casinos, and the state constitution remains a formidable barrier to changing the current status quo.
Two provisions in Chapter 945 of Wisconsin’s state statutes establish criminal penalties for participation in unauthorized gambling:
- WI Stat. §945.02: Placing a bet or entering a gambling place with the intent to gamble is a Class B misdemeanor.
- WI Stat. §945.03: Participating in “commercial gambling,” such as owning and operating an online casino for a profit, is a Class I felony.
Together, these statutes effectively criminalize both the operation of and participation in any unlicensed online casino.
Additionally, Article IV, Section 24 of the Wisconsin Constitution precludes the legislature from fast-tracking any future legalization effort. It states:
“Except as provided in this section, the legislature may not authorize gambling in any form.”
Will Wisconsin Legalize Online Casinos?
All indicators suggest that online casinos will remain illegal in Wisconsin for the foreseeable future.
For one, there is no legislative or political momentum to legalize online casinos in Wisconsin.
Additionally, even if there were momentum in the legislature, Wisconsin’s constitutional ban would remain a formidable obstacle. Legalization would require a constitutional amendment, a lengthy and challenging process that necessitates support from a majority of voters in a statewide referendum.
Given all of the above, plus Wisconsin’s historically conservative approach to gambling expansion, the short-term outlook for legal online casinos appears poor.
Sweepstakes Casinos in Wisconsin
Sweepstakes casinos operate in a legal gray area in Wisconsin.
State law neither authorizes nor prohibits online sweepstakes sites, so most major operators are available in Wisconsin. Several high-profile sweepstakes casinos currently active in Wisconsin include:
Legal sweepstakes casinos in Wisconsin avoid classification as illegal gambling by offering free methods of participation, often accompanied by the tagline “no purchase necessary.”
Legitimate sweepstakes apps offer numerous ways to earn sweeps coins (SCs) without depositing funds or making purchases, such as:
The “no purchase necessary” model removes the element of “consideration” (risking something of value), which is required to meet the state’s legal definition of gambling.
This is how sweepstakes casinos offer casino-style games resembling real-money roulette and online slots without violating Wisconsin online gambling laws. Some sweepstakes casinos even offer live dealer table games modified for legal compliance.
Legal Risks Facing Sweepstakes Casinos in Wisconsin
Despite their current availability, sweepstakes casinos face significant long-term uncertainty in Wisconsin.
Two theoretical but plausible developments could threaten sweepstakes casinos’ already precarious legal perch:
Risk One: Tribal Opposition
Most notably, Wisconsin has an influential tribal gaming industry that holds exclusive rights to offer casino-style games under state-tribal compacts. Wisconsin’s tribal casino operators have a strong economic incentive to protect their monopoly from unregulated competitors.
If Wisconsin’s tribal gambling operators perceive sweepstakes casinos as a threat, they could exert considerable political pressure on the state to initiate enforcement actions or pass legislation banning the activity.
The extent to which tribal casino operators have pressured lawmakers to ban sweepstakes casinos in California highlights the reality of that risk.
Risk Two: State Enforcement Action
Wisconsin authorities have not yet taken a public position on sweepstakes casinos or initiated enforcement against them.
Although sweepstakes casinos comply with local laws wherever they operate, regulators and attorneys general in other states have successfully challenged sweepstakes casinos. Sweepstakes casinos have had to abandon some states altogether as a result.
Wisconsin’s history of cracking down on other forms of unregulated gambling, such as illegal video gambling machines in bars and taverns, further indicates a low tolerance for activities that blur the line.
Wisconsin Online Poker
Real-money online poker is illegal in Wisconsin.
Online poker falls under the legal definition of illegal gambling in Wisconsin, rendering it subject to the same prohibitions that apply to online casinos.
Any legislative effort to authorize online poker in Wisconsin would face the same significant constitutional hurdles as online casinos. Furthermore, the Wisconsin Constitution explicitly forbids the state lottery from conducting poker, closing off a key avenue that other states have used to authorize online gambling without a constitutional referendum.
In summary, it’s unlikely Wisconsin will legalize online poker in the short term. Until then, players may consider sweepstakes poker sites as a viable alternative. Sweepstakes poker isn’t identical to full-fledged online poker, but it’s a close approximation, complete with cash games, tournaments, and real prizes.
Wisconsin Online Sports Betting
Online sports betting is technically legal in Wisconsin, but only in a highly limited capacity.
Unlike most states, Wisconsin legalized sports betting by amending its gaming compacts with tribal casino operators rather than passing new legislation. As a result, all legal sports betting in Wisconsin – both retail and online – is confined to tribal lands.
Note: Fantasy pick ’em apps offer a close alternative to statewide online sports betting in Wisconsin.
Multiple tribal casinos in Wisconsin offer retail sportsbooks, and some operate mobile betting apps that are only usable when customers are physically located on casino property.
Key rules for bettors:
- Minimum Age: Bettors must be 21 or older.
- Location: Wagers must be placed while physically on the property of a tribe with an authorized sports betting compact.
- College Sports Betting: Tribal compacts permit bets on college sports, with one restriction: no wagers are allowed on games involving local teams, such as the Wisconsin Badgers.
Wisconsin Daily Fantasy Sports
Daily fantasy sports contests are legal but unregulated in Wisconsin.
Wisconsin law does not address daily fantasy sports apps like FanDuel and DraftKings. However, DFS operators have openly served Wisconsin since the mid-2010s without issue under the assumption that their contests constitute games of skill, not gambling.
Given the lack of pushback from regulators or negative opinions from attorneys general since fantasy sports apps emerged into the mainstream more than a decade ago, it’s safe to classify DFS contests as de facto legal.
Legislators have considered several bills to formally legalize daily fantasy sports contests and establish a regulatory framework, but none of their efforts have succeeded.
Fantasy Pick ’em Contests in Wisconsin
Fantasy pick ’em contests are legal but unregulated in Wisconsin.
Contests in which players submit “more” or “less” predictions on athlete stat projections (e.g., whether Jordan Love will throw for more or less than 2.5 TD passes) operate under the same legal but unregulated status in Wisconsin.
Although regulators in some states have targeted fantasy pick ’em apps for resembling unlicensed online sports betting, that has not occurred in Wisconsin.
All major fantasy pick ’em apps operate in Wisconsin, including:
Wisconsin Online Lottery
Online lottery sales are illegal in Wisconsin.
Article IV, Section 24 of the Wisconsin Constitution contains a specific clause prohibiting the lottery from offering lottery tickets online:
“No game conducted by the state…may permit a player of the game to purchase a ticket, or to otherwise participate in the game, from a residence by using a computer, telephone or other form of electronic, telecommunication, video or technological aid”.
This provision definitively prohibits the Wisconsin Lottery from expanding into online lottery sales and complicates any legislative efforts, which would require a constitutional referendum.
Additionally, Wisconsin is one of the few states to have explicitly banned third-party lottery courier services like Jackpocket. Wis. Stat. §565.17(1m) states:
“TICKET COURIERS PROHIBITED. No person may operate a ticket courier service in this state”.
Online Horse Racing Betting in Wisconsin
Online horse racing betting is legal but unregulated in Wisconsin.
Pari-mutuel wagering laws in Wisconsin do not directly address advance deposit wagering, leaving online racebooks to determine whether they are willing to serve residents.
Fortunately, two of the most prominent online racebooks accept Wisconsin residents 18 and older:
With no active horse racing tracks or off-track betting facilities currently operating in the state, ADW platforms are the only available option for Wisconsin residents to bet on horse races.
Read more:
Wisconsin Gambling Regulators
- DOA Division of Gaming: Regulates Indian gaming oversight (through the Office of Indian Gaming and Regulatory Compliance) and charitable gaming (bingo and raffles). Conducts audits, vendor background checks, and enforcement. Operates under the Wisconsin Department of Administration (DOA).
- Office of Indian Gaming and Regulatory Compliance (OIGRC): Oversees state responsibilities under tribal‑state compacts, including compliance reviews and on‑site audits of Class III casino gaming.
- DOA Office of Charitable Gaming: Licenses and regulates bingo and raffles conducted by eligible nonprofits. Publishes guidance for raffles and related charitable games.
- DOR Division of Lottery: Runs the state lottery, handles retailer network, prize payments, and responsible‑play messaging. Operates under the Wisconsin Department of Revenue.
- Tribal Gaming Commissions: Each participating tribe regulates casino operations and sportsbooks on its lands under its own gaming commission and internal control standards.
Responsible Gambling Resources in Wisconsin
Wisconsin provides several resources for individuals seeking information, support, or treatment for problem gambling. These services are primarily offered through nonprofit organizations and individual gaming operators.
Self-Exclusion Resources
Self-exclusion is a significant weakness in Wisconsin’s responsible gambling efforts.
Wisconsin lacks a statewide, unified self-exclusion program because most forms of online gambling are unregulated, and each tribal casino operates under an independent regulatory commission.
Therefore, players who wish to self-exclude must file individual requests with each tribal casino and online gambling platform.
Responsible Gambling Organizations
- Wisconsin Council on Problem Gambling (WCPG): Operates a 24/7 confidential helpline, text line, and online chat service. Provides referrals for treatment, Gamblers Anonymous meetings, and other support services for gamblers and their families. Call 1-800-426-2535, text 850-888-4673, or chat online.
- Wisconsin Department of Health Services (DHS): Provides information on gambling disorders and connects individuals to treatment providers.
- National Council on Problem Gambling (NCPG): Contact the helpline at 1-800-GAMBLER, text 800GAM, or chat at 1800gamblerchat.org for nationwide support.