The Arkansas Supreme Court rejected a lawsuit filed by the pro-casino group Driving Arkansas Forward against state Attorney General Leslie Rutledge after she rejected, for the fourth time its proposed ballot wording for a constitutional amendment allowing four casinos in the state. In a one-page order, the justices did not elaborate on their reason for rejecting the petition.
The group had proposed a casino at both the Oaklawn racetrack in Hot Springs and Southland in West Memphis, and new ones in Jefferson and Pope counties. Driving Arkansas Forward officials estimated casino tax revenue from the four casinos could raise $45 million annually for highway projects.
Driving Arkansas Forward spokesman Aaron Sadler said, “We are disappointed by the court’s decision because we believe voters deserve an opportunity to be heard on a matter that would support Arkansas highways and create jobs for communities that need them. In the meantime, we will continue working to address the attorney general’s concerns so that we can begin collecting signatures as soon as possible.”
Commenting on the court’s rejection, Rutledge spokeswoman Nicole Ryan said, “Attorney General Rutledge is pleased that the Supreme Court agreed with her argument and denied the petition from Driving Arkansas Forward. Recently, the Supreme Court has set a very high bar for proposals to be determined as sufficiently clear to appear on the ballot, and it is the attorney general’s responsibility is to ensure that voters fully understand what exactly a ‘for’ or ‘against’ vote means.”
Rutledge said she rejected the proposed ballot’s wording based on four different problems with it, adding those “are not necessarily all the ambiguities contained in your proposal.” Under state law, Rutledge must approve the wording of any ballot proposals before backers can begin collecting the required valid signatures.
Lobbyist Don Tilton, chairman of Driving Arkansas Forward’s ballot question committee, said, “The law provides a means of recourse in a situation like this. This is not hostile toward the attorney general. Petitioning the Supreme Court is simply the next step for us to take.” The group’s attorney, Alex Gray, said Rutledge’s “strained reading” of the ballot title was “a clear abuse of her duties.”
Defending her actions, Rutledge stated, “In recent years, the Arkansas Supreme Court has set a very high standard for certifying a ballot proposal. As attorney general, I have a responsibility to follow those standards to ensure that voters fully understand the issue presented on the ballot and what exactly a ‘for’ or ‘against’ vote means.”
Rutledge also rejected the proposed ballot wording of a separate group promoting a casino amendment, Arkansas Wins 2018. Their proposal would authorize up to four casinos in Benton, Boone, Miller and Pulaski counties.
