Lottery Law and Public Policy

The lottery is one of the most popular and controversial forms of gambling in the world. Its roots go back thousands of years, with several examples in the Bible, but modern lotteries are relatively new and have been adopted by most states and many nations. Lottery critics usually focus on the alleged regressivity of the practice or argue that it promotes compulsive gambling. They also argue that the lottery undermines the integrity of state governments and the overall financial health of society.

Despite these arguments, the lottery continues to draw widespread public support. In every state where it is available, about 60% of adults report playing at least once a year. Moreover, lotteries attract a large number of specific constituencies: convenience store operators (the primary vendors for lottery tickets); suppliers (heavy contributions to state political campaigns are routinely reported); teachers (especially in those states where proceeds from the lottery are earmarked for education), and even state legislators (who quickly become accustomed to the extra revenue).

As a result, there is little doubt that the lottery is here to stay. But what should that mean for state policy? A key issue is how much a lottery should be seen as a public service or a private business. If the lottery is seen as a service, then public officials are more likely to endorse it and to regulate it fairly. But if it is viewed as a business, there are more complex issues involved.

In general, a lottery is run as a business, with the goal of maximizing revenues. This necessarily involves advertising and a heavy emphasis on persuading target groups to spend their money on a chance of winning. But if the lottery is seen as a business, it also means that its operation and promotion may run at cross-purposes with the larger public interest.

The basic operation of a lottery consists of a pool of funds from ticket sales, from which a certain percentage is deducted for organizational costs and promotions. The remainder is the prize fund, which should be balanced between a few large prizes and many smaller ones. Potential bettors tend to prefer large jackpots, which are a great draw for the media and generate huge publicity. But these prize pools must be kept within reasonable limits, and so the size of the prizes is often a matter of judgment, as well as politics.