North Dakota Sports Betting Laws

The Constitutional Framework

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The North Dakota Constitution (Article XI, Section 25) prohibits the legislature from authorizing any lottery or other game of chance. There are explicit carve-outs for: the state lottery (joining multi-state games like Powerball), bingo and other charitable gaming with permits, and tribal gaming under state-tribal compacts.

Anything else — commercial casinos, statewide mobile sports betting, statewide online casino, iLottery — would require amending the constitution. Constitutional amendments in ND require either a 2/3 legislative majority or sufficient voter signatures to put the measure on the ballot, followed by a majority statewide vote.

How Tribal Sports Betting Was Authorized

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The 2013 ND tribal-state gaming compact contained a provision authorizing tribal sportsbooks contingent on a federal change in law — specifically the repeal of the Professional and Amateur Sports Protection Act (PASPA). PASPA had banned sports wagering in nearly all states since 1992.

On May 14, 2018, the US Supreme Court struck down PASPA in Murphy v. NCAA. This removed the federal barrier and activated ND's tribal compact provision. Dakota Magic Casino in Hankinson took North Dakotas first legal sports bet in December 2021 under the Dakota Nation Sportsbook brand. The 2022 compact renewal (10-year term, signed by Governor Doug Burgum) extended the authorization through 2032.

The 2022 compact also included concessions: tribes were authorized to lower the casino gambling age to 19 (from 21) and accept credit and debit cards. Sports betting age remained at 21 in practice.

Failed Expansion Attempts

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• HB 1254 (2021) — passed ND House to authorize statewide sports betting. Defeated 38-7 in Senate.
• HCR 3002 (2025) — constitutional amendment to put online sports betting on the 2026 ballot. Rejected by ND House on January 22, 2025.
• SB 2358 (2025) — proposed a sports betting study task force. Lower-stakes alternative to ballot measure.
• 2023 Senate expansion — additional bill failed.

Pattern: legislative chambers do not align, and constitutional amendment requires either supermajority legislative support or grassroots petition signatures plus voter approval. The bar is very high.

Tax Treatment

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Because there is no formal sports betting law, there is no dedicated state tax on sportsbook revenue. Tribes operate under revenue-sharing arrangements within the gaming compact. The state earns through compact fees and the indirect economic activity generated by the casinos.

Individual bettors pay federal taxes on significant winnings (W-2G threshold at 300:1 odds and $600+) and report gambling income on the ND state return. ND state income tax rate maxes at 2.5% (as of 2026), among the lowest in the US.

Comparable States

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NDs structure most closely resembles New Mexico — another tribal-only sports betting market with no formal state legislation. Other restrictive markets include Mississippi (in-person only at commercial casinos), Wisconsin (tribal-only retail) and a handful of states still without any legal sports betting.

Outlook for Online Sports Betting

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The constitutional barrier makes near-term legalization unlikely. The most plausible paths:

• Tribal-only on-premise mobile — Kambis 2026 partnership with MHA Nation explicitly contemplates on-premise mobile betting (placed inside the casino). This does not require constitutional change.
• Tribal-state mobile compact — modeled on Connecticut or Michigan tribal mobile arrangements. Would still need constitutional clearance.
• Constitutional amendment — long-shot path. HCR 3002 failed in 2025; the next legislative session is 2027.