The Arkansas Supreme Court recently dismissed two lawsuits seeking to reject votes for a ballot initiative allowing expanded casino gambling. The lawsuits claimed parts of both the ballot title and wording of the proposed constitutional amendment, Issue 4, are ambiguous or unclear, therefore any votes for it in the November 6 election should not be counted. The justices ruled previous cases had established that a ballot title “does not need to include every possible consequence or impact of a proposed measure,” and that the ballot title of Issue 4 “sufficiently informs the public of the amendment’s purpose and scope and its consequences.”
Issue 4 would allow the Arkansas Racing Commission to issue casino licenses at Oaklawn horse racetrack in Hot Springs and at Southland greyhound racetrack in West Memphis; both currently offer electronic gambling. Issue 4 also would legalize casinos in Jefferson and Pope counties.
The political group Driving Arkansas Forward was instrumental in placing Issue 4 on the ballot. Two Oklahoma tribal enterprises, the Quapaw Tribe’s Downstream Development Authority and Cherokee Nation Businesses, donated a total of more than $1.8 million as of September 30 to the group. In all, it has raised $4.33 million with total expenses of $4.17 million as of September 30.
According to Driving Arkansas Forward’s report posted on the Arkansas Ethics Commission’s website, the Downstream Development Authority contributed $1.36 million to the committee last month, for a total of $2.76 million. The Cherokee Nation Businesses gave $513,400 last month, for a total of $1.56 million. The Quapaw Tribe has indicated interest in applying for the Jefferson County casino license, and the Cherokee Nation is interested in a casino in Pope County.
One of the lawsuits was filed by Ensuring Arkansas’ Future, made up of faith-based groups that claimed the question’s wording was ambiguous and forced voters to “speculate” on what voting ‘yes’ would mean for the state.” The second lawsuit was filed by Citizens for Local Choice, made up of residents of the four Arkansas counties where the casinos would be located. The suit claimed the ballot title and popular name of the proposed amendment did not sufficiently describe the details of the gaming changes.
Nate Steel, attorney for the political group behind the proposal, Driving Arkansas Forward, said, “These decisions clear the way for Arkansas voters to add almost $6 billion to our state’s economy and create 6,000 new jobs through a fair, measured and merit-based expansion of casino gaming. We are grateful the Supreme Court upheld the Attorney General’s certification that Issue 4 is clear and understandable to voters. We are confident Arkansans will vote to keep casino entertainment dollars in our state when they cast their ballots on November 6.”
Christopher Burks, attorney for Citizens for Local Choice, which filed one of the lawsuits, said the ruling was disappointing, adding the court mischaracterized the arguments against casinos. “It’s unfortunate the Supreme Court reached an outcome favored by rich folks and lobbyists, but we’re confident that the people of Arkansas will make a decision in their best interest,” Burks said.
Issue 4 also could legalize sports betting at the four gaming venues by redefining “casino gaming” to include wagering.
