(The Center Square) – The leader of an open government group says that he intends to test Wisconsin law by wagering on the result of the governor’s race and also voting.

H.O.T. Government President Jay Stone says that he has placed a prediction market wager on the result of the race on now intends to challenge the Wisconsin Elections Commission’s guidance by voting in race on Nov. 3. Stone is also suing the WEC for unconstitutional voter guidance.

The commission sent a notification in July stating that those in the state who wager on an election result on prediction markets such as Kalshi and Polymarket are not eligible to vote.

Stone, however, wrote that he believes the commission is mistaken about the law and its ability to enforce the guidance.

“The supreme authority on voters’ rights is the Wisconsin Constitution, not WEC,” Stone said in a statement. “Being a felon and court declared mental incompetence are the only two voting disqualifications in the Wisconsin Constitution. Contrary to WEC’s opinion, voters removed the betting on elections disqualification forty years ago. I plan to vote and bet on the election in spite of Ann Jacobs and her fellow WEC commissioners’ guidance.”

Commissioner Ann Jacobs said in July that the guidance had been in place since 1849 but Stone said he believes that voter disqualification was overturned in 1986.

“We want voters to understand that they cannot legally make a bet on an election and cast a ballot in that same election,” Administrator Meagan Wolfe said in a July statement along with the commission guidance. “We are not able to police someone placing a bet on these platforms, but it’s important for voters to understand the consequences if they bet on an election outcome.”

Stone’s predecessor, Harry Wait, was charged and convicted of election fraud and identity theft after he requested absentee ballots for Assembly Speaker Robin Vos and Racine Mayor Cory Mason in 2022 in an attempt to show how the Wisconsin voter system was vulnerable to fraud.

“If WEC refers me for criminal prosecution like it did for Harry Wait, it will be the second time in two years WEC violated my constitutional rights,” Stone said. “I will fight WEC and win just like I did before.”

Stone requested the commission issue an advisory opinion on his eligibility to vote in the upcoming election but the commission did not respond.