Florida Ballot Measure Under Review

The Florida Supreme Court heard oral arguments concerning the title and language of the Voter Control of Gambling Amendment, which would allow voters—not the legislature—to determine if casino gambling should be allowed. The group behind the proposal, Voters In Charge, want to place the measure on the 2018 ballot.

Oral arguments recently were heard in the Florida Supreme Court regarding the ballot title and summary of the Voter Control of Gambling Amendment, which would “ensure that Florida voters shall have the exclusive right to decide whether to authorize casino gambling.” The group behind the proposal, Voters In Charge, want to place the measure on the 2018 ballot.

Justice Barbara Pariente noted in 2004, statewide voters approved a change to the constitution legalizing slots at existing jai-alai frontons and horse and dog racetracks only in Broward and Miami-Dade counties, and only if voters approved the change in referendums there. Pariente asked Voters In Charge attorney Adam Schachter if the proposed amendment would change that. She said voters need to know what an amendment will do and not be told, “Just read it and you’ll understand what you’re voting on.”

In response, Schachter said the amendment wasn’t retroactive but acknowledged it could have some effect on existing gambling law—how much still is unknown. Marc Dunbar, representing statewide gambling interests, told the justices for a ballot summary to be fair, “you have to be able to tell voters what the consequences are. The voters truly do not know the impact of this change. That is a big issue here.”

Following the hearing, Voters In Charge Chairman John Sowinski released a statement insisting the ballot language is “crystal clear in its intent to return control of gambling decisions to the people of Florida. It establishes a bright line in our state’s constitution when it comes to gambling expansion. Those who oppose our amendment are gambling operators that have profited from a mix of loose rules, backroom lobbying deals and clever lawyering. We are confident that our amendment meets all the requirements for Supreme Court approval, and we look forward to the next steps in gathering enough petitions to appear on the 2018 ballot.”

The justices did not say when they would make a decision on the proposed amendment, which would require approval by 60 percent of voters.