In the corridors of power in Albany, a legislative storm is brewing that could redefine the boundaries between Wall Street and Las Vegas. Just four days ago, on January 12, 2026, the prediction market industry hit a staggering milestone: $701.7 million in total daily trading volume. This explosion in liquidity, fueled by the 2026 midterm election cycle and high-stakes geopolitical events, has transformed a once-niche sector into a financial powerhouse that New York regulators are now desperate to contain.
At the heart of the conflict is the "Oversight and Regulation of Activity for Contracts Linked to Events" (ORACLE) Act, also known as Assembly Bill A9251. Reintroduced on January 7, 2026, the bill seeks to classify prediction markets—specifically event contracts—as "unlicensed gambling," threatening to shut down some of the industry’s most prominent players in the Empire State. As the industry fights for "federal preemption," claiming that these markets are financial tools regulated at the federal level, the outcome of this battle will likely set the legal precedent for the rest of the United States.
The Market: What's Being Predicted
While the legislative fight rages in the Assembly, the prediction markets themselves are betting on the outcome. On platforms like Kalshi and Interactive Brokers (NASDAQ: IBKR) through its ForecastEx exchange, traders are putting millions of dollars behind contracts predicting the survival of event contracts in New York. The primary market in question—"Will New York pass a bill to ban political event contracts in 2026?"—has seen its odds fluctuate wildly in the first two weeks of the year.
As of January 16, 2026, the probability of the ORACLE Act (A9251) passing in its current, restrictive form has dropped from 65% to 38%. This shift followed the introduction of a rival piece of legislation, Senate Bill S8889, on January 13. Sponsored by Senator Jeremy Cooney, S8889 offers a friendlier path, proposing that prediction markets be regulated as financial derivatives under the New York Department of Financial Services (DFS) rather than the State Gaming Commission.
Liquidity in these "regulatory outcome" markets is at an all-time high. Major platforms are seeing tens of millions in open interest as hedge funds and political operatives use these contracts to hedge against potential regulatory shifts. The resolution criteria are clear: if any version of the ORACLE Act that classifies event contracts as unlicensed gambling is signed into law by Governor Kathy Hochul before the end of the 2026 legislative session, the "Yes" contracts pay out.
Why Traders Are Betting
The sudden surge in betting activity is driven by a clash of philosophies. Assemblymember Clyde Vanel, the architect of the ORACLE Act, views prediction markets as "gamified sportsbooks" that prey on retail investors. "Wall Street stays on Wall Street and Vegas stays in Vegas," Vanel famously stated earlier this month. His bill proposes existential fines of up to $1 million per day for platforms that allow New Yorkers to trade on "sensitive" categories like politics, catastrophes, or sports.
Traders, however, are increasingly betting that the industry’s heavy hitters will win the day. The recent $700 million volume milestone was significantly aided by Robinhood Markets, Inc. (NASDAQ: HOOD), which has integrated event contracts into its "Prediction Markets Hub." This influx of retail liquidity has made the markets more accurate and harder to ignore. Notable "whales" in the space argue that the ORACLE Act is technologically unenforceable and legally flawed due to the doctrine of federal preemption.
Furthermore, the industry has found an unlikely ally in the sports world. On January 8, 2026, Madison Square Garden Sports Corp (NYSE: MSGS) announced a landmark partnership making Polymarket the "Official Prediction Market Partner" of the New York Rangers. With Polymarket branding now appearing on the dasherboards of the historic arena, traders believe the "normalization" of these markets makes it politically difficult for Albany to categorize them as illicit activity.
Broader Context and Implications
The "Battle for Albany" is a microcosm of a larger national struggle over the classification of "information finance." Prediction markets have proven to be more accurate than traditional polling in predicting election results and more responsive than news outlets in signaling geopolitical shifts—such as the "Maduro trade" on Polymarket, where traders accurately predicted a major Venezuelan policy announcement hours before it happened.
The industry’s primary defense is federal preemption under the Commodity Exchange Act (CEA). Kalshi, a platform regulated by the Commodity Futures Trading Commission (CFTC), is currently suing the New York State Gaming Commission in the Southern District of New York (SDNY). They argue that as a "Designated Contract Market" (DCM), they are subject to federal oversight that overrides state-level gambling statutes. If Kalshi wins this legal fight, the ORACLE Act could be rendered dead on arrival, regardless of whether it passes the Assembly.
This conflict reveals a deep-seated anxiety among state regulators about losing control over tax revenue. Currently, New York generates significant income from mobile sports betting. If prediction markets are classified as financial products, they would be subject to federal capital gains taxes rather than state-level gambling levies, potentially leaving a hole in Albany’s budget—a concern frequently raised by powerful Assembly broker J. Gary Pretlow.
What to Watch Next
The next 45 days will be critical for the future of the industry. The most immediate catalyst to watch is a pending ruling from the Southern District of New York in the Kalshi vs. NY State Gaming Commission case, expected in late February. A ruling in favor of Kalshi would solidify the federal preemption argument and likely force the NY Assembly to pivot toward Senator Cooney’s DFS-regulated model (S8889).
Investors should also keep a close eye on the "Prediction Market Regulation Act" (S8889) as it moves through the Senate Racing, Gaming and Wagering Committee, chaired by Senator Joseph Addabbo Jr. If this bill gains a companion in the Assembly, it would signal a move away from the prohibitive ORACLE Act and toward a compromise that allows New York to remain the financial capital of the world while adopting these new "truth machines."
Finally, the 2026 Midterm elections will continue to drive volume. If the industry can maintain daily volumes above the $500 million mark consistently, the pressure on legislators to provide a clear, legal framework will become overwhelming.
Bottom Line
The Battle for Albany is no longer just about whether New Yorkers can bet on the news; it is about whether "information finance" will be recognized as a legitimate pillar of the modern economy. The record-breaking $700 million daily volume milestone reached this month proves that public demand for these markets is vast and growing, despite the legislative hurdles.
The ORACLE Act represents the "old guard" of regulation attempting to apply 20th-century gambling laws to 21st-century financial technology. However, the momentum currently favors the industry. Between the federal preemption lawsuits and the mainstream commercial partnerships like the one with the Rangers, the walls are closing in on those who wish to ban these markets.
For prediction market participants, New York is the "final boss." If the industry can secure a victory here—either through the courts or via Senator Cooney’s regulatory bill—it will signal the end of the "unlicensed gambling" era and the beginning of a new age where every major event in the world has a liquid, transparent, and legally protected market behind it.
This article is for informational purposes only and does not constitute financial or betting advice. Prediction market participation may be subject to legal restrictions in your jurisdiction.
PredictStreet focuses on covering the latest developments in prediction markets. Visit the PredictStreet website at https://www.predictstreet.ai/.
