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Arkansas Casino Referendum to Be Presented to Voters

Arkansas Casino Referendum: A Pivotal Vote Approaches

Posted on: October 18, 2024, 08:15h
Last updated on: October 18, 2024, 09:03h
Author: Casino.org Contributor

As Arkansas gears up for a pivotal vote this November, Issue 2—a referendum that could reshape the state’s casino landscape—has taken center stage. The recent ruling by the Arkansas Supreme Court to allow the referendum to proceed on the ballot has reignited discussions around gaming licenses, local governance, and tribal interests in the region.

Arkansas casino referendum Issue 2
Issue 2, a question about whether casinos in Arkansas should only be allowed in counties where voters approve them through local referendums, will go before state voters. The Arkansas Supreme Court ruled this week that a legal challenge to the campaign was meritless. (Image: Arkansas Division of Agriculture)

The Legal Landscape

On Thursday, the Arkansas Supreme Court dismissed a lawsuit challenging the ballots for Issue 2, thus asserting that the popular name and title were sufficient for public comprehension. This legal victory sets the stage for voters to decide whether casinos in the state should only be allowed in counties that grant local approval through referendums.

The lawsuit, filed by the Arkansas Canvassing Compliance Committee and funded by Cherokee Nation Entertainment, sought to undermine the perceived clarity of the issue, claiming that it misrepresented the implications of the proposal. However, the court, in a decisive 6-1 decision, dismissed these claims, stating that the wording was "intelligible, honest, and impartial."

What Is Issue 2?

At its core, Issue 2 poses a simple yet significant question to Arkansas voters: Do you want to amend the state’s gaming laws to require local referendums for the issuance of gaming licenses? The stakes are high, particularly for the Cherokee Nation, which holds a currently contested license for a casino in Pope County. This proposed amendment could effectively revoke that license unless local support is secured through a referendum.

In 2018, Arkansas voters approved a statewide ballot that permitted the establishment of four commercial casinos in Crittenden, Garland, Pope, and Jefferson counties—though the results in Pope County were notably opposed, setting the stage for ongoing conflict.

The Dissenting Opinion

Despite the Supreme Court’s majority ruling, not all justices concurred. Associate Justice Shawn Womack dissented, expressing concern that the ballot language could mislead voters about the ramifications, particularly the fact that passing Issue 2 would revoke the existing gaming license awarded to the Cherokees. This dissent highlights the potential for confusion among voters regarding the complexities of gambling legislation.

Background on Pope County’s Casino Aspirations

Pope County’s journey toward establishing a casino has been fraught with delays and disputes, primarily due to legal challenges from competing bidders. Despite robust support from local officials, including Pope County Judge Ben Cross, the proposed Legends Resort & Casino project has yet to break ground amid a landscape characterized by litigation. The Cherokee Nation was eventually deemed the sole qualified bid for the license, yet the ongoing challenges remain a hurdle for development.

The Financial Stakes

As the November 5 vote approaches, campaign financing has become a key battlefield. The Cherokee Nation has poured $11.6 million into defeating Issue 2, reflecting the high stakes involved for their casino ambitions. Meanwhile, the Choctaw Nation of Oklahoma has also joined the fray, supporting Issue 2 and contributing $8.8 million to limit competition for its own casinos.

The financial clout behind both campaigns reveals the broader implications of this referendum—not just for Arkansas but for regional gaming dynamics as Native American tribes vie for their economic futures.

Voter Sentiment and Future Implications

Polling indicates that the outcome of Issue 2 could be close; approximately 30% of polled voters remain undecided. This uncertainty underscores the complexity of public sentiment regarding gambling in the state and reflects the divisive nature of casino politics in Arkansas.

If passed, Issue 2 would necessitate local referendums for any future gaming concessions, fundamentally changing how casinos can operate within the state. Conversely, if it fails, the Cherokee Nation could move forward with its plans in Pope County, potentially ushering in significant economic opportunities for the region.

Conclusion

As voters prepare to make a decision that could alter Arkansas’s gambling landscape, the implications of Issue 2 extend far beyond a simple voting measure. This referendum encapsulates themes of local governance, tribal sovereignty, and economic development, making it a critical moment for Arkansas as it navigates the intricate world of gaming legislation. The outcome will undoubtedly set a precedent for future gaming endeavors in the state, illustrating the ongoing evolution of casino culture in America.

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