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Online Poker in Wisconsin: Current Laws and Gaming Potential
Is online poker legal in Wisconsin? The existing gambling laws in Wisconsin do not permit online poker. The state has not passed specific legislation to regulate or permit online poker for real money, but that does mean that residents of Wisconsin cannot play poker online, as there are still offshore poker rooms available. See the offshore poker sites we recommend:
Top Sites for Online Poker in Your State
Online Poker in Wisconsin
Wisconsin is a quintessential Midwestern state in many ways. While that may summon images of tractors, livestock, and vast expanses of land for some, those from the Midwest know that gambling runs nearly as deep in the region’s history as agriculture. Poker is a big part of that history.
While poker was a part of prohibited gambling for many years in the late 1800s and early 1900s, relegating it to an underground gambling scene, there was a longtime love of lotteries and bingo in Wisconsin. Those became legal, first with a charitable component. The voters of the state finally helped legalize the lottery in the 1980s, but the rest of gambling remained a not-so-hidden pastime for many in the Badger State.
Finally, in 1991, the Native American tribes in the state entered the gambling realm, allowing for mainstream gambling, including poker rooms, to become a proud part of the Wisconsin entertainment portfolio.
This longtime cautious approach to gambling makes Wisconsin one of the least likely states to legalize and regulate online poker and casino games within its borders. This lack of a state-regulated system leaves open the opportunity for Wisconsin poker players to compete on offshore poker rooms. Luckily, there are several operators catering to Wisconsin players.
Online Poker Developments in Wisconsin
Wisconsin is in a part of America that offers many live poker options. Illinois boasts of many riverboat casinos, and new laws will see the establishment of several land-based commercial casinos, one being in the heart of Chicago. There are casinos across Minnesota and Iowa as well.
One of Wisconsin’s neighbors, Michigan, is a proponent of online gambling. Michigan offers land-based casinos and gambling facilities, but in 2019, the state fully embraced the world of igaming. The state’s lawmakers and governor legalized online poker, online casino games, and sports betting. And with that, it opened up new revenue streams for its tribes and commercial casino partners, and it provided the poker and betting options that Michiganders had been requesting for so many years.
Nevertheless, Wisconsin has shown no interest in legislation or voter referendums regarding online poker or casino games for its residents and visitors.
Current Wisconsin Poker Options
Wisconsin is home to 11 federally-recognized Native American tribes. When the United States government signed and enacted the Indian Gaming Regulatory Act (IGRA) of 1988, many tribal leaders took note. IGRA created a legislative foundation for tribes to enter the gambling realm as a means of establishing more revenue generation and economic freedoms.
All 11 tribes expressed interest in drafting tribal gaming contracts with Governor Tommy Thompson in the early 1990s. They set about the process of doing so, and the first compacts emerged in 1991 and 1992. All of the tribes and bands have offered and do still offer some type of gambling on their respective lands, with the largest being the Potawatomi Casino in Milwaukee. In all, the tribal nations operate more than two dozen gaming facilities that produce more than $3.5 billion annually.
Potawatomi has a poker room consisting of nearly two dozen tables for cash games and tournaments, though the space expands when tours like the Mid-States Poker Tour stop at the casino. Poker is also popular at Ho-Chunk casinos and at Oneida Casino in Green Bay.
Wisconsin may also be a notable state in poker lore because it was the home of Phil Hellmuth for many of his younger years. The “poker brat” is the leader in World Series of Poker bracelet wins with 17 of them and boasts of nearly $30 million in live tournament earnings. Other famous Wisconsin-born players include Tony Dunst of the World Poker Tour, Amit Makhija, and Joe Kuether.
Wisconsin Gambling & Poker Laws Summarized
| Type/Code | Summary |
|---|---|
| State Code Section(s) | 562-569; 945 |
| Definition of a Bet | A bargain in which the parties agree that, dependent upon chance even though accompanied by some skill, one stands to win or lose something of value specified in the agreement. |
| Definition of a Gambling Machine | A contrivance which for a consideration affords the player an opportunity to obtain something of value, the award of which is determined by chance, even though accompanied by some skill and whether or not the prize is automatically paid by the machine. |
| Definition of Wire Communication Facility | Any and all instrumentalities, personnel and services, and among other things the receipt, forwarding or delivery of communications used or useful in the transmission of writings, signs, pictures and sounds of all kinds by means of wire, cable, microwave or other like connection between the points of origin and reception of such transmission. |
| Online Poker/Gambling | Wisconsin lawmakers have not taken any steps to examine or propose the legalization of online poker or other internet casino games. |
| Live Poker | Many of the casinos do offer poker rooms with cash games and tournaments available. |
| Casinos | There are a number of casinos in Wisconsin, most of them operated by Native American tribes on reservations and some of them including table games like poker. |
| Sports Betting | There have been no attempts to legalize or regulate sports betting. |
| DFS | There was a bill to legalize daily fantasy sports contests in 2018, but it did not pass. |
| Other Forms of Gambling | Horse and dog racing, on-track pari-mutuel betting, lottery, bingo and charitable gambling. |
In states that have legalized online poker to regulate it, online poker operators partner with one or more land-based casino properties in a state. This could happen in Wisconsin, as it does in Michigan, but all of the tribes would need to approve in order to encourage lawmakers to allow for igaming in their state. However, it becomes even more complicated in that every one of the gaming compacts for tribes wanting to participate in igaming would need to be amended. This can sometimes be a complicated and even contentious process.
There is the chance that online poker and casino games could be offered and regulated in the way that Wisconsin handles sports betting, though this is not yet an online wagering option. It is a unique system in which tribes can individually petition for amendments to their gaming compacts to allow for sports betting on their properties. Tribes like the Oneida Indian Nation, Forest County Potawatomi, and St. Croix Chippewa have done just that.
From late 2021 through 2023, the participating tribes have produced more than $36 million in revenue and paid more than $2 million in taxes to Wisconsin.
With all of that considered, Wisconsin is one of the least likely states to implement any type of online poker or online casino games protocol.
That leaves Wisconsin poker players seeking an online option to find their favorite among the sites that do offer poker to them. There is an online poker list that is updated with licensed and audited sites.
Gambling Definitions in Wisconsin Law
The state of Wisconsin makes it difficult to even define gambling. Its definition of a bet (in Section 945.01 of the state’s statues) is:
“a bargain in which the parties agree that, dependent upon chance even though accompanied by some skill, one stands to win or lose something of value specified in the agreement.”
That flexible definition is vague, at best, but tries to eliminate any skill component from games (like poker) in favor of constituting all betting is done on games of chance. There is no updated component of the law to reflect a legal stance on internet gambling, nor is there an attempt to classify certain games as ones of chance or gambling.
All in all, any confusion about the Wisconsin gambling statute should run it by a lawyer who specializes in such matters. Professional legal advice is the only way to ensure a proper reading and interpretation of the laws.
Wisconsin Gambling Information
Wisconsin Division of Gaming: This is a part of the state’s Department of Administration, which regulates licensing and regulation for raffles and bingo, charitable gaming options, and serves as a portal to all gaming regulatory entities.
Office of Indian Gaming and Regulatory Compliance (OIGRC): Another sector of the state’s Department of Administration (DOA), this one dedicated to tribal gaming compacts and regulations.
Wisconsin Lottery: A resource for information about lottery retailers and the new mobile app for lottery ticket sales.
Wisconsin Legislature: The general public can find information on legislators, Senate and Assembly rules, and past and current laws and proposals.
Wisconsin Council on Problem Gambling: This statewide resource connects people seeking help for themselves or others to a number of responsible gambling and addiction resources.
Wisconsin’s Famous Modern Poker Player
One name sums up the role Wisconsin has played in the evolution of modern poker: Hellmuth. Arguably poker’s most famous player, Wisconsin native Phil Hellmuth has the hardware to back up his talk, including an incredible 17 World Series of Poker bracelets.
Hellmuth also played a part in one of poker’s darker chapters. As a site pro for (and some say early backer of) Ultimate Bet, Phil was on board during some of the worst scandals ever to hit the game. Though never linked directly to any wrongdoing, questions linger about UB’s collapse and its implications for online poker’s future.
Conclusion
In summary, Wisconsin’s gambling history, deeply intertwined with tribal gaming, has witnessed the transformation of poker from an underground activity to a prominent facet of the state’s entertainment scene. Despite a rich gambling tradition, Wisconsin has not pursued online poker regulation, distinguishing it as one of the least likely states to do so.
The intricate process of amending tribal compacts adds complexity to the potential inclusion of online poker. Players exploring alternatives should stay informed and responsibly choose offshore platforms. Wisconsin’s distinctive gambling definitions and the absence of clarity on internet gambling underscore the importance of seeking legal guidance for accurate interpretation. Despite its reserved approach, Wisconsin plays a noteworthy role in poker history, with iconic players like Phil Hellmuth contributing to its enduring legacy.
All Poker and Gambling Laws by State
- Alabama
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- Indiana
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- New York
- North Carolina
- North Dakota
- Ohio
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- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
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