New Hampshire Sports-Betting Handle Keeps Tumbling in May

Even though handle ($42.4 million in May compared to $46.7 million in April and $55.8 million in March) and revenue were down for the month, New Hampshire did recently notch a significant legal victory.

Jun 29, 2021 • 11:37 ET • 2 min read
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May was another slower month for New Hampshire’s sports-betting sector, with both handle and revenue falling again in the Granite State.

The New Hampshire Lottery recently reported that the state's sports-wagering handle for May was nearly $42.4 million, down from $46.7 million in April and $55.8 million in March.

Gross gaming revenue — total bets minus winnings and some promotional costs —  was $3.1 million for May, down as well from the $3.3 million generated in April. The state's revenue share was flat, at $1.4 million last month, slightly below April's almost $1.5 million. 

As is typical, most of New Hampshire's action in May came from mobile sports betting. Online wagers totaled about $33.3 million, while retail bets amounted to about $9.1 million. 

New Hampshire has an exclusive partnership with Boston-based DraftKings Inc. for its betting model, which includes both online and in-person wagering at two brick-and-mortar sportsbooks. 

A big legal win

While its handle may have been down in May, the state did notch a victory in the legal system recently, as the U.S. Department of Justice (DOJ) declined to appeal a January court decision that was in the New Hampshire Lottery's favor.

The DOJ’s decision to drop the matter follows its reversal in November 2018, when the department’s opinion on the federal Wire Act became that the law applied to all betting activities, not just sports betting.

“The New Hampshire Lottery noted in its initial filing the U.S. DOJ opinion had far-reaching consequences potentially impacting all aspects of modern lottery operations, not just direct sales over the Internet—all of which threatened the millions of dollars in critical annual revenue the New Hampshire Lottery generates for education in New Hampshire,” a state backgrounder says. “The New Hampshire Lottery argued the U.S. DOJ’s opinion was wrong, defeats the purpose of the Wire Act and creates ‘absurd and impractical results.’”

New Hampshire ultimately won two court decisions in its favor, which the federal government is no longer contesting. 

“While we have been confident in this outcome throughout this process, we are extremely pleased to have closure,” New Hampshire Lottery Executive Director Charlie McIntyre said in a statement. “This case represents a historic victory for the New Hampshire Lottery and lotteries across the country.” 

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