The two companies asked for a declaration that both types of games are legal. In November, New York's attorney general acknowledged that seasonal fantasy sports, which require skill to succeed over a period of months, are lawful, while daily games are based on chance and, therefore, are illegal gambling in the state. Related: States, Feds and Fans Turn Up the Heat on DraftKings and FanDuel Illinois is the third-largest market for DraftKings and FanDuel, with 6.7 percent of their users, according to Eilers Research LLC. The Illinois opinion comes amid nationwide scrutiny at the state and federal levels as to whether daily fantasy sports games, which have surged in popularity in recent years, amount to gambling. In October, Nevada's gaming regulator also ordered the online sites to cease operations in the state.