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Home › State Laws › Wisconsin

Online Poker in Wisconsin

Written by Jennifer Newell
Last updated on September 14th, 2023
The legal statue and 4 playing cards with the Wisconsin State Flag as the back drop.

Wisconsin is in many ways the quintessential Midwestern state. While that may summon images of tractors and livestock for some, those from the Midwest know that gambling – especially poker – runs nearly as deep in the region’s culture as agriculture.

Wisconsin shares that characteristic, producing a remarkably regular stream of live and online poker standouts. Those successes have bred a larger interest in poker among residents of the Badger State, and that interest is why we’ve developed this guide covering the Basics of Wisconsin Online Poker.

The existing gambling laws in Wisconsin do not legalize 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.

Top Sites for Online Poker in Your State

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Online Poker in Wisconsin

Not all online poker sites accept players from Wisconsin. Sorting out those that do from those that don’t can be time consuming and confusing, especially since the picture is constantly changing. That’s where our list of the top online poker rooms for Wisconsin comes in. This online poker list is updated constantly, and we only list rooms that operate responsibly, reward players generously and provide top-notch game selection across cash and tournament action:

Wisconsin Gambling & Poker Laws Summarized

Type/CodeSummary
State Code Section(s)562-569; 945
Definition of a BetA 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 MachineA 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 FacilityAny 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/GamblingWisconsin lawmakers have not taken any steps to examine or propose the legalization of online poker or other internet casino games.
Live PokerMany of the casinos do offer poker rooms with cash games and tournaments available.
CasinosThere 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 BettingThere have been no attempts to legalize or regulate sports betting.
DFSThere was a bill to legalize daily fantasy sports contests in 2018, but it did not pass.
Other Forms of GamblingHorse and dog racing, on-track pari-mutuel betting, lottery, bingo and charitable gambling.

Is Online Poker Legal in Wisconsin?

Symbol of law and justice with Wisconsin State Flag on laptop.
Wisconsin Online Poker

It’s not hard to find conflicting opinions about the legality of online poker sites in Wisconsin. You can easily find diverse perspectives on the issue by conducting a few Google searches.

The truth is that you should be wary of trusting most of them. Numerous sites may have undisclosed agendas that influence their presentation of facts regarding online gambling legality. We stay out of that awkward space by only providing you an overview of – not an opinion concerning – gambling law in Wisconsin:

There is no direct definition of gambling in the Wisconsin statutes. Wisconsin’s definition of gambling comes via their definition of what it means to place a bet:

“A bet 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” (Section 945.01(1).

Where does that put Wisconsin relative to other states?

Wisconsin’s flexible definition implies that chance must be the primary factor for an activity to constitute gambling. Unlike other states, Wisconsin law seems to necessitate chance as the primary element for an activity to be considered gambling.

What’s excluded from the definition? All regulated gambling, obviously, betting on “bona fide” contests of skill by the participants and charitable gambling. There is no social gambling exception found in Wisconsin law.

It is a crime in Wisconsin to engage in illegal gambling. Section 945.02 describes the charge of gambling, which is a misdemeanor. You’re guilty of gambling if you make a bet, enter a “gambling place” intended to bet illegally or if you conduct a lottery.

If you’re the one behind the illegal activity and not just a mere player, the stakes are raised. Wisconsin law makes it a felony to engage in commercial gambling (Section 945.03), which basically covers all aspects of conducting or profiting from gambling that runs afoul of state law.

Remember, this is only a starting point. Below are links to Wisconsin state laws. Don’t forget that there is no substitute for professional legal advice – especially on thorny issues such as gambling.

Wisconsin and State-Regulated Online Poker

There is certainly a better-than-average chance that regulated online poker will come to the state of Wisconsin. The key question is how the state’s powerful tribal gambling interests will approach online gambling. Wisconsin tribes’ potential push for online poker, bingo, and gambling regulation could bring these games to residents quickly.

Tribes’ negative stance on online gambling, given their significant influence, may counter any potential regulatory developments in the state. This would hold Wisconsin back from the growing national trend in the United States toward regulating online poker.

Wisconsin Gambling Facts

Wisconsin offers everything short of commercial casinos to residents and tourists. There’s the always-popular state lottery, sanctioned pari-mutuel betting and Vegas-style casinos operated by tribes such as the Potawatomi.

Besides the mentioned choices, Wisconsin state law permits qualified organizations to conduct bingo games and raffles as charitable gambling exceptions. Social gambling enjoys no such exemption from Wisconsin law.

Currently, Wisconsin lacks any online gambling options with a state license due to the absence of such licenses. There may be forms of USA online betting that square with Wisconsin law, but there are not any forms that are regulated by the government of Wisconsin – at least not yet.

Recent Wisconsin Gambling Headlines

Tribal gambling issues dominate the gambling headlines in Wisconsin. Most recently, attention has been focused on the battle between the Ho-Chunk Nation and the Wisconsin government over what games the Ho-Chunk can offer [2]at their casinos. Wisconsin is also witnessing an increasing amount of disputes between tribe over conflicting visions of casino expansion in the state.

Further Reading: Wisconsin Gambling

Wisconsin State Law Library – Gaming / Gambling. This dedicated page from the Wisconsin State Law Library is a clearinghouse for everything having to do with regulated gambling in the state. Access laws, research, historical information and more.

WI Division of Gaming . Complete details regarding tribal, charitable and pari-mutuel wagering, all of which fall under the purview of the Wisconsin’s Department of Administration’s Division of Gaming.

Ho-Chunk Nation . Official website for the Ho-Chunk Nation, the tribe behind some of Wisconsin’s largest casinos.

Wisconsin’s Contributions to Poker History

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.

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Wisconsin in the News

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beThrough the first 2+ weeks of the 2016 World Series of Poker, Ryan Laplante is atop the leaderboard for Player

Wisconsin Governor to Issue Opinion on New Tribal Casino Within a Month
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Wisconsin Governor to Issue Opinion on New Tribal Casino Within a Month

Wisconsin Governor Scott Walker, now infamous for his successful efforts to strip public unions in the state of collective bargaining

Wisconsin Liquor Company Owner Was Victim of $25 Million Gambling Extortion Case
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Wisconsin Liquor Company Owner Was Victim of $25 Million Gambling Extortion Case

Gary Sadoff, who owns the Badger Liquor Company, was the victim of a $25 million gambling extortion case in Fond

Jennifer Newell

Jennifer Newell

Editor
View All Posts By Jennifer Newell
Jennifer started her poker journey during the early 2000s, inspired by working with the World Poker Tour. Her passion for the game ignited a thriving freelance writing career by 2006. Armed with almost two decades of hands-on experience, she has ascended to the pinnacle of poker expertise, specializing in writing for publications like Poker Player Newspaper, PokerStars, and Mediarex. Beyond her writing, Jennifer has managed poker news aggregation at PokerScout and ghostwriting for professional poker players. She excels in interviews, opinion pieces, and tracks legal developments in the poker and gambling sectors. Moreover, she’s a dedicated advocate for gender diversity in the poker community.

Disclaimer: The information on this site is my interpretation of the laws as made available online. It is in no way meant to serve as legal advice or instruction. We recommend that you seek legal advice from a licensed attorney for further or official guidance.

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