US midterm elections 2026 ballot measures to watch: Nebraska, Virginia, Indiana
As voting in the US midterm elections gets underway, gambling is not a single ballot question, but several races and measures will prove important for some pockets of the industry.
In Nebraska, voters face a paired constitutional and statutory effort to bring online sports wagering to the state. Virginia, on the other hand, has two local votes that could clear the way for additional horse-racing wagering venues. Meanwhile in Indiana, voters in three counties will decide which, if any, can pursue a licence for a new in-land casino.
Nebraska: Online betting tied to racecourses
In Nebraska, voters will be asked to make a decision on Initiatives 440 and 441, which are designed to work together.
Measure 440 is a constitutional amendment that would permit the legislature to authorise online sports wagering for operators connected to a licenced racetrack that offers wagering. Measure 441 is an accompanying statutory initiative which would grant Nebraska’s Gaming Commission the ability to implement rules governing online sports betting and regulate the market. Both measures must pass for the proposed system to be approved.
The proposed model would retain the state’s existing racetrack-centred structure. Licenced racetracks will be able to partner with online sports betting companies such as BetMGM or DraftKings to offer online betting.
The measures would cap each operator at two skins per operators. Under the proposals, each measure sets a requirement that the servers hosting those platforms must be located in Nebraska. The proposals also direct the state gambling commission to adopt the rules pertaining to sports wagering by 1 June 2027.
Furthermore, the statutory text includes responsible-gambling controls and requires checks for outstanding state debt before winnings are paid.
These proposals have been peppering the Nebraska political landscape for a while, with the amendment being brought to the constitutional floor last year.
Industry support in the Husker state
Despite this evolution, opponents dominated the floor at a legal betting hearing in Spring 2025. They pointed to concerns about addiction as a key reason not to legalise. Les Bernal from Stop Predatory Gambling called legal betting “an epic policy failure”. Bernal said the rate of addiction increases in legal states and that the social harms far outweigh the benefits.
Perhaps one of the only areas of the referendum that received backing from stakeholders on either side of legalisation surrounds activity regarding the black market in Nebraska. Proponents said that legalising would give law enforcement the tools to tamp down the illegal market. Opponents counter that legalising would only increase the number of people gambling in total.
Measure 441 has received support from at least four major US sportsbooks: BetMGM, DraftKings, FanDuel and Fanatics.
Virginia: Pari-Mutuel wagering at local facilities
Virginia, meanwhile, has two measures that are more narrow in scope. A question for voters in the town of Pulaski and the referendum in Amherst County centres on whether pari-mutuel wagering (where all betting of a particular type is put together in a shared pool) should be permitted at satellite facilities in each locality under state law.
A yes vote would remove a local barrier but the facility would still need to acquire a licence. Virginia requires local voter approval before a satellite facility can receive the necessary state authorisation.
In Amherst, voters rejected a similar proposal in 2021 by 7,293 votes to 6,189, following a vigorous community opposition campaign.
Pulaski’s vote similarly gives residents a direct say over whether a satellite venue may be considered in the town. Approval would allow the licensing process to move forward but would not settle planning or operating questions.
Indiana: one licence, three competing counties
Over in Indiana, Allen, DeKalb and Steuben counties each have a referendum asking whether in-land casino gambling should be permitted locally. Indiana’s 2026 legislation created a pathway for a new casino in one of the three counties, subject to voter approval.
Governor Mike Braun signed HB 1038 into law on 4 March, which created a new state casino licence.
If voters approve the measure in one or more counties, prospective developers would still need to apply to the Indiana Gaming Commission. The commission is due to decide by 15 April 2027.
The winning bidder will face a $150 million licence fee and a $500 million minimum capital investment within five years. According to a fiscal impact statement attached to the bill, each casino could generate an estimated $170 million to $230 million annually in adjusted gross receipts.