Clarity Act 'Above 50' Falls 9 Points to 34% After Cloture Delay
Senate Majority Leader Thune declined to file cloture on Aug 7, triggering the drop. A Sept 15 procedural vote is now the next catalyst.
Bottom line
Traders are pricing 'Above 50' at 34%, down 9 points in three days, after leadership skipped a cloture filing and the bill's path to 60 votes remains unconfirmed.
- Market average
- 6% YES
- Best listed price
- 8¢ · Polymarket
Clarity Act Senate Vote Chances: "Above 50" Falls 9 Points to 34%
The implied probability that more than 50 senators will vote yes on the Clarity Act has dropped from 42% to 34% over the past three days in the "How many Senators will vote for the Clarity Act?" market, a 9-percentage-point decline driven by a failed cloture filing and deepening skepticism about bipartisan consensus on digital-asset regulation.
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Above 50
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Above 58
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Above 62
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Above 60
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The decline spans both major prediction platforms. Kalshi prices "Above 50" at 32%, while Polymarket holds it slightly higher at 35%. That 3-point spread is narrow enough to suggest both trader bases are reading the same legislative signals. The contract hit a period low of 30% before recovering modestly, meaning the current price sits just 4 points above its floor. This market resolves on January 1, 2027, so traders are pricing the full remainder of the congressional session, not just a single upcoming vote.
What Does the Clarity Act Need to Clear the Senate?
Passing the Senate is a two-stage problem. The first hurdle is cloture, which requires 60 votes to end debate and move to a final vote. The second is final passage, where a simple majority of 51 suffices. In practice, any bill that clears cloture almost always passes, so the 60-vote threshold is the binding constraint.
The "Above 50" contract asks whether the final tally will show more than 50 yes votes, not whether the bill becomes law. That distinction matters. A bill could attract 55 yes votes on final passage but still fail cloture on a prior procedural vote if leadership never secures 60. Conversely, if the bill does reach a floor vote, history suggests it would likely exceed 50 because senators who voted for cloture rarely flip on final passage.
The current Senate breakdown makes 60 a steep climb. Key sticking points include ethics restrictions on senior federal officials, illicit-finance safeguards, DeFi provisions, stablecoin reward rules, and the Commodity Futures Trading Commission's authority, according to reporting on the failed cloture attempt. Without resolving these, leadership has little incentive to force a vote it might lose.
What Triggered the Drop: Procedural Whiplash and Calendar Pressure
The timeline tells a choppy story. On August 7, Senate Majority Leader John Thune declined to file cloture on the Clarity Act, instead prioritizing a continuing-resolution vehicle, the Protect College Sports Act, and the nomination of Todd Blanche for attorney general, as ChainGPT reported. That non-action was itself a strong signal: leadership was not willing to spend floor time on a bill lacking 60 confirmed votes.
Two days later, a cloture motion was filed with a procedural vote reportedly set for September 15. That sequence, shelving followed by rescheduling, created uncertainty about how seriously leadership treats the bill. Earlier in 2026, Polymarket placed the chance of the Clarity Act becoming law at 82% in February; by August it had collapsed to 16%. The "Above 50" contract, which measures vote breadth rather than enactment, has declined on a parallel trajectory.
The latest version of the bill, released on July 22, includes software developer protections and an ethics provision with a sunset date in 2029, per The Block. That ethics deal removed a procedural objection but did not add confirmed floor votes, which is precisely why the market sold off rather than rallied on the news.
The Bull Case for Above 50: Why 34% May Undercount Support
The strongest argument against the current price is structural. If the September 15 procedural vote occurs and cloture succeeds, the bill almost certainly clears 50 yes votes on final passage. At that point, the question is not "will the bill get support?" but "did leadership schedule the vote?" In other words, the "Above 50" contract is really a binary bet on whether Thune decides the politics are ripe.
Several dynamics could shift that calculus before year-end. The crypto industry remains a prolific campaign donor, and midterm positioning could push fence-sitting senators toward a yes vote. Sen. Cynthia Lummis has pushed aggressively for action, and CFTC-related language could draw agricultural-state Democrats who see their committee's jurisdiction at stake. If even a handful of holdouts commit privately, leadership could schedule a vote with little warning.
At 34%, the market implies roughly a one-in-three chance this scenario plays out. That is not negligible, and it leaves room for a sharp repricing if a credible whip count emerges.
What Comes Next: September 15 and the Path to Resolution
The September 15 procedural vote, if it holds, is the next binary catalyst. A successful cloture vote would almost certainly push "Above 50" well above its current price, because crossing 60 on cloture implies comfortable passage on final roll call. A failed cloture vote, or another postponement, would likely send the contract toward its 30% floor or lower.
Between now and then, traders should watch for public whip counts, any new bipartisan co-sponsors, and whether the White House signals active support. The administration's engagement on bill language has been noted by Sen. Thom Tillis, but reviewing text is not the same as lobbying for votes.
The full range of outcomes is tracked on the Clarity Act Senate vote odds page. The "Above 55" bracket currently trades at 40% on Polymarket, while "Above 62" sits at 37% and "Above 66" drops to 7%. The clustering of "Above 50" and "Above 55" near the same price suggests traders see a scenario where, if the bill passes at all, it passes with modest but not overwhelming support.
The market's message is clear: the Clarity Act's path through the Senate is narrow, and three days of selling have made it narrower. At 34%, "Above 50" is priced as an underdog outcome with a plausible but unconfirmed catalyst on the calendar. Until Thune locks in a vote and the whip count solidifies, that discount looks earned.
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The story so far: How many Senators will vote for the Clarity Act?
8 updates · Sep 2 – Sep 18
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