Five Democrats won attorney general races previously held by Republicans during the midterm elections, giving Texas, Georgia, Iowa, Kansas, and Ohio new leadership as their states confront prediction markets offering sports event contracts.
- Democrats flipped five Republican attorney general seats, including three held by officials who backed Supreme Court review of the Kalshi dispute.
- Ohio and Iowa’s incoming attorneys general inherit federal court battles over whether their states can enforce gambling laws against Kalshi.
- Texas and Georgia still prohibit sports betting, and their incoming attorneys general could decide whether to pursue government action against sports event contracts.
Three will succeed Republicans who signed an amicus brief supporting New Jersey’s push for Supreme Court review of its dispute with Kalshi. The other two will take office in states that still prohibit sports betting.
Kalshi argues that federal commodities law gives the Commodity Futures Trading Commission exclusive authority over its sports event contracts. More than three dozen state attorneys general have argued the contracts function as wagers and should follow state gambling laws.
In the meantime, state officials can issue cease-and-desist letters, seek court orders, or defend existing enforcement actions when prediction market operators challenge their authority.
The quintet of incoming attorneys general offered few specifics on sports event contracts during their campaigns. The contracts will be a growing issue as the new attorneys general take office.
Here’s a breakdown of the five states and how their new attorneys general may respond to prediction markets and gaming concerns more generally:
Texas - Nathan Johnson
Democratic state Sen. Nathan Johnson defeated Republican state Sen. Mayes Middleton in an open-seat race after Republican Attorney General Ken Paxton opted to run for the U.S. Senate.
Texas prohibits sports betting and has resisted efforts to authorize destination casinos. Johnson introduced a 2025 constitutional amendment proposal that would have allowed voters to decide whether to authorize casino resorts and sports wagering in Texas.
His record gives Texans a read on how he’d approach regulated gambling. Whether he’ll challenge sports event contracts is an open question, but he's set to increase scrutiny compared to his predecessor: Paxton didn’t join the multistate amicus brief supporting New Jersey and largely avoided state-led litigation against prediction markets.
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Georgia - Tanya Miller
Democratic state Rep. Tanya Miller, a former prosecutor and civil rights attorney, defeated Republican state Sen. Brian Strickland, who chaired the Senate Judiciary Committee.
Their campaign debate touched on how Georgia might protect consumers from predatory sports betting ads if lawmakers legalize wagering, though neither candidate offered specifics on those safeguards.
Outgoing AG Chris Carr did not join the Supreme Court brief. With separate, private litigation against Kalshi already underway in Georgia, Miller will have a choice about whether the state weighs in with government legal action.
Ohio - John Kulewicz
Democrat John Kulewicz defeated Republican state Auditor Keith Faber to succeed appointed Attorney General Andy Wilson.
Ohio launched retail and online sports betting in 2023 and has already defended its regulatory authority in court. The Sixth Circuit ruled against Kalshi at the preliminary injunction stage, and Wilson led the coalition urging Supreme Court review of the New Jersey case.
Kulewicz inherits the ongoing litigation in Ohio as well as a decision about whether the state will continue leading the multistate effort.
The incoming attorney general campaigned on government accountability but said during his campaign he would be selective about joining multistate lawsuits, without mentioning prediction markets specifically. Faber argued Ohio should push back when federal authority encroaches on the state’s.
Kulewicz's comments suggest he could take a more selective approach to multistate litigation than his predecessor. However, Ohio's significant role in the prediction market legal battle and bipartisan concerns about these platforms could encourage the new attorney general to maintain the state's involvement.
Iowa - Nate Willems
Democrat Nate Willems, a labor lawyer and former state representative, defeated Republican Attorney General Brenna Bird, who signed the Supreme Court brief.
Kalshi sued Bird and state gaming officials in federal court to block Iowa from enforcing its gambling laws against the exchange. A federal judge denied Kalshi’s request for a preliminary injunction, and the exchange appealed.
This means Willems inherits a case already in progress. It remains to be seen whether Willems will continue backing the push for Supreme Court review, but his office inherits the defense of Iowa’s authority to apply its gambling laws to sports event contracts in a state that already allows statewide mobile sports betting.
Kansas - Chris Mann
Democrat Chris Mann, a former police officer and prosecutor, defeated Republican Attorney General Kris Kobach in a rematch of their 2022 race.
Mann campaigned on public safety and told local media he would focus on consumer protection and how the office spends its resources. Kobach highlighted his law enforcement record and signed the Supreme Court brief supporting New Jersey and backing state authority to regulate sports event contracts.
Kansas launched legal sports betting in 2022. Kansas is one of the dwindling states that have not been directly involved with a legal challenge involving a prediction market.
Kansas is part of the 10th U.S. Circuit, which also covers Utah, where officials have challenged sports event contracts. A ruling in Utah’s favor at the appeals court could bolster Kansas’ position if it pursues enforcement.
As legal battles play out, it remains to be seen how Mann will approach markets in his state. But Democrats have typically been more skeptical of prediction markets than Republicans aligned with the White House and CFTC, meaning greater action could be on its way.
