Idaho Attorney General Lawrence G. Wasden has warned that a proposed ballot initiative that would allow slot machine-like terminals that offer “historical horse racing” would most likely run afoul of the state constitution.
Wasden’s office issued a review that said, “The status of historical horse racing as legally permissible pari-mutuel betting under Article III, Sec. 20 (of the Idaho Constitution) is uncertain and likely to draw a legal challenge.”
The AG’s office routinely offers review of all proposed initiatives, although its advice is not binding.
Sponsors of the proposed initiative need to gather more than 56,000 signatures to qualify it for the November ballot.
“Historical horse racing” has been controversial ever since the legislature first authorized them for racetracks as a way to boost revenue. But they stirred up such a storm because they looked similar to the slot machines at the state’s Indian casinos that the law was quickly repealed.
Governor Butch Otter tried to veto the repeal, but he did it too late, so the repeal stuck. Ever since racetracks have tried to reintroduce the machines, arguing that they need them to remain financially viable. This initiative is the latest such attempt. In addition to racetracks it would authorize the machines at any location where pari-mutuel wagers are allowed.
The Attorney General’s review notes that attorneys general in three other states have opined that such games do not fit the definition of parimutuel betting. The Wyoming Supreme Court in 2006 declared that they didn’t fit the definition.
