Casino Gaming Proposal Goes to Nebraska Supreme Court

Sponsors of three ballot initiatives blocked by Nebraska Secretary of State Bob Evnen have asked the state Supreme Court to overturn his decision. The proposals would allow casino gaming at several Nebraska racetracks. Evnen (l.) ruled that the petitions passed the voter signature threshold, but did not follow rules for a single-subject and had unclear language.

Casino Gaming Proposal Goes to Nebraska Supreme Court

Supporters of three initiatives that would allow casino gambling in Nebraska appealed to the state Supreme Court to overturn Secretary of State Bob Evnen’s decision to keep the proposals off the November ballot. The petition initiatives were put forward by the political group Keep the Money in Nebraska, sponsored by Ho-Chunk Inc., the Winnebago Tribe’s economic development corporation, in partnership with the Nebraska Horsemen’s Benevolent and Protective Association.

The initiatives include a proposed constitutional amendment to legalize casino gambling at Nebraska racetracks, plus two others that would regulate and tax casino gambling. If the issue appeared on the ballot and were approved by voters, racetracks in or near Omaha, Lincoln, South Sioux City, Grand Island, Hastings and Columbus would be allowed to offer casino gambling. Gaming tax revenue would be directed to property tax relief, estimated at an initial $45 million allocation from a $65 million revenue base.

Evnen said, although petitions for the three proposals met the requirements for the number of valid voter signatures, they did not follow ballot rules for a single topic and their language was unclear. Lynne McNally, representing the pro-casino sponsors, said Evnen’s decision was “incorrect as a matter of law because each of the three initiatives meets the applicable requirements of the Nebraska Constitution as to form and procedure.”

Ho-Chunk Inc. President and Chief Executive Officer Lance earlier suggested “political considerations” might have influenced the secretary of state’s ruling.

Observers said an early court decision is likely, since Evnen has until September 11 to determine whether the issue will be on the November ballot.