New York Gaming Commission Seeks Court Order to Enforce Kalshi Subpoenas

The New York State Gaming Commission is asking a state court to compel Kalshi to turn over records that could help determine whether the prediction-market operator faces civil penalties under state racing law.

A court-stamped copy records an Oct. 22, 2026, receipt in New York County Supreme Court. It asks the court to enforce investigative subpoenas against Kalshi Inc. and KalshiEX LLC. The Commission alleges Kalshi refused some requests and gave insufficient responses to others.

The Commission issued the subpoenas on July 31 under Section 104(7) of New York’s Racing, Pari-Mutuel Wagering and Breeding Law, setting Aug. 14 as their return date. They seek records about Kalshi’s sports-event contracts, offerings to New Yorkers under 21, advertising that describes its products as wagers or bets, and its ownership and corporate structure.

The Commission says the records would help it determine “whether to issue civil penalties against Kalshi and others.” The petition does not specify a penalty amount. It asks a judge to enforce the subpoenas; it does not establish that Kalshi violated state law or impose a fine.

The age-related records concern a separate lawsuit New York filed in July. The state alleged that people ages 18 to 20 could access Kalshi’s prediction markets. New York sets 21 as the minimum age for mobile sports wagering. That allegation has not been decided in the subpoena proceeding.

The records dispute comes amid a broader conflict over whether sports-event contracts fall under federal commodities regulation or state gambling laws. Kalshi has argued in federal court that the Commodity Exchange Act gives the Commodity Futures Trading Commission exclusive jurisdiction over its contracts. In a July 7 ruling on preliminary relief, Torres concluded Kalshi had not shown a likelihood of success on its argument. The ruling concerned preliminary relief and did not resolve every claim in the broader dispute.

The National Council of Legislators from Gaming States filed an amicus brief supporting New Jersey’s petition for Supreme Court review in a separate dispute over state oversight of sports-related prediction markets.

The request before New York County Supreme Court is to enforce the subpoenas and compel the records; the petition itself does not impose a penalty.