CFTC Withdraws 2024 Rule on Politics-related Prediction Markets

The U.S. Commodity Futures Trading Commission (CFTC) has taken a decisive step to clear regulatory uncertainty in prediction markets. On Wednesday, newly confirmed Chairman Mike Selig formally withdrew the 2024 draft rule that would have banned contracts tied to political events. 

The rule, first proposed by the previous administration, treated political event contracts the same way as illegal activities like war or terrorism, calling them “against the public interest.” On top of canceling that rule, Selig also withdrew a small September advisory that had accidentally confused market participants. 

Prediction markets like Polymarket and Kalshi let people bet on the outcome of events, usually using simple yes-or-no contracts. You only win if your predicted outcome happens, and the payouts depend on the odds. 

The 2024 rule tried to block political event contracts, which would have slowed down innovation. However, after courts sided with Kalshi, these markets kept running, showing that demand for event-based trading is growing. 

The 2024 rule and its implications

The 2024 draft attempted to expand CFTC regulation under Section 5c(c)(5)(C) of the Commodity Exchange Act. It identified categories of event contracts considered contrary to public interest, including “gaming” tied to political contests, awards competitions, or athletic outcomes.  

The rule would have prohibited trading or clearing of these contracts on CFTC-registered platforms. Moreover, the draft defined gaming extensively, including staking value on outcomes connected to political contests.

However, the rule never reached a final stage, and its withdrawal now opens doors for regulated innovation. Besides removing the draft, Selig rescinded a September advisory intended to caution platforms about market disruptions. He explained it “inadvertently created confusion and uncertainty for our market participants,” emphasizing that lawful innovation should be supported, not restricted. 

Selig’s approach to market innovation

Chairman Selig highlighted the agency’s commitment to rational, coherent regulation. “The 2024 event contracts proposal reflected the prior administration’s frolic into merit regulation with an outright prohibition on political contracts ahead of the 2024 presidential election,” he said. 

As a result, the Commission intends to propose a new rulemaking that fosters innovation responsibly, consistent with Congressional intent. In addition to prediction markets, Selig is spearheading other initiatives related to digital assets and fintech regulation.

He stressed that clear rules are overdue, particularly in digital asset markets. “Our country’s best builders, entrepreneurs and innovators are looking at a system where we can have clarity, clear rules of the road, a token taxonomy so we know what’s the security and what’s not,” he said. Selig also noted that treating all digital assets as securities is outdated and many should fall under CFTC’s commodity oversight instead of SEC jurisdiction.

Impact on the industry

This decision opens the door for companies like Kalshi, Polymarket, and even Coinbase to offer more political event markets. It also shows that regulators are becoming friendlier toward innovation in trading and digital assets. 

By removing confusing advisories, the CFTC makes it easier for these platforms to operate without legal worries. Moreover, with Congress working on new market rules, the U.S. could become a global leader in clear and fair digital asset regulation.

Also Read: Nevada Regulators Go After Coinbase for Illegal Wagering Activity

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