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Wagering on election outcomes is illegal in West Virginia, state Deputy Secretary of State Deak Kersey said, even as gambling on elections grows in popularity nationwide, according to WV MetroNews. Kersey said the offense is a misdemeanor under election law and carries a fine of up to $50.
What the law says
Kersey, speaking to WMOV Radio, said the law covers every election held in the state, not only statewide contests. "In fact, it’s a crime. Misdemeanor crime in election law that provides that, if you’re found guilty of wagering money or anything of value, in any election held in the state — so not just statewide elections, even municipal elections — you could be found guilty of a misdemeanor and fined up to $50," he said.
He said the $50 fine applies per occurrence and that individuals who make wagers can be prosecuted. Kersey said the law was last amended in West Virginia in 1962, capping the fine at $50.
Last known convictions date to 1889
Kersey said West Virginia has not seen election wagering in more than a century. "West Virginia does not have a well-documented history of violations of this," he said.
He cited two 1889 cases in Gilmer County as the last known election-wagering convictions in the state. "Back in 1889, in Gilmer County, there were actually two instances of two groups of individuals, so four total people were charged and convicted, of wagering on elections," Kersey said.
In one case, each person bet $1 and was fined $51. In the other, each person bet $50 and was fined $100. Kersey said a $1 bet in 1889 equals $36 in 2026 money, a $50 fine equals $1,800 and a $100 fine equals $3,600.
"What’s interesting is, the amount of the fine in 1889, is exactly what it is today. It was $50, was the max," Kersey said.
Polls open Tuesday morning at 6:30 across West Virginia and close at 7:30 p.m.
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Source: As reported by WV MetroNews.
