The Committee to Protect Arkansas' Values/Stop Casinos Now and two of its members Tuesday asked the Arkansas Supreme Court to order that any ballots cast not be counted on a proposed constitutional amendment that would authorize three casinos in southwest and Northwest Arkansas.
Former Arkansas Sheriffs' Association President Chuck Lange of Baxter County and Bill Walmsley of Independence County -- both individually and on behalf of the Committee to Protect Arkansas' Values/Stop Casinos Now -- asked the high court to declare the ballot title of the proposed amendment to be insufficient and enjoin Secretary of State Mark Martin from placing it on the Nov. 8 general election ballot.
The petition filed against Martin also asks the high court to declare that the sponsors of the proposed amendment have failed to submit sufficient valid signatures of registered voters to place the proposal on the general election ballot.
Lange and Walmsley filed their petition against Martin with the Supreme Court five days after Martin certified the proposed amendment for the general election ballot and determined its supporters turned in 100,977 valid signatures of registered voters in Arkansas. A proposed amendment requires 84,859 valid signatures to qualify for the 2016 ballot.
The casinos would be operated in Boone County by Arkansas Gaming and Resorts LLC, in Miller County by Miller County Gaming LLC, and in Washington County by Washington County Gaming LLC, their respective successors or to whomever they assign their licenses, under the proposed amendment promoted by Arkansas Wins in 2016 and Arkansas Winning Initiative Inc.
The owners of the three limited liability companies are Jim Thompson of Blue Eye, Mo., about 2 miles north of the Arkansas state line, and Bob Womack of Branson, according to Robert Coon, a spokesman for Arkansas Winning Initiative Inc. and Arkansas Wins in 2016.
Cherokee Nation Entertainment -- the Cherokee Nation's wholly owned corporate entity that manages the tribe's gambling, hospitality, entertainment and retail ventures -- will be involved in the proposed casino, hotel and entertainment complex in Washington County if voters approve the amendment.
While state law doesn't allow for stand-alone casinos, it permits electronic "games of skill" at two racetracks, Oaklawn Racing and Gaming in Hot Springs and Southland Park Gaming and Racing in West Memphis. Gambling at those facilities is subject to regulation by the Arkansas Racing Commission.
In their petition to the Supreme Court, Lange and Walmsley said the proposed amendment's ballot title would lead voters to believe that passage would authorize casinos to conduct wagering on sporting events, even though such activity is barred by federal law.
The two said the ballot title also fails to inform voters that the licenses granted to the three privately owned companies to operate the casinos can be sold or assigned to unknown persons or entities, and they said the ballot title doesn't adequately inform voters that it would establish casino games, devices and types of wagering in Arkansas based on the casino gambling in Louisiana, Mississippi, Missouri, Nevada, Oklahoma, Tennessee and Texas.
They said Arkansas Winning Initiative Inc. submitted petitions for the proposed amendment on July 8 and neither provided the secretary of state's office "a sponsor's list of paid canvassers with the required information nor provided the training and other materials required." Lange and Walmsley said the entire petition for the amendment should be invalidated for failing to take actions required by state law.
Lange, chairman of the Committee to Protect Arkansas' Values/Stop Casinos Now, said in a written statement that "in short, this amendment is a bad deal for Arkansas."
"There are too many flaws in the way the signatures were gathered and too much uncertainty about how it affects our state's ability to manage what kind of gaming we want in Arkansas. This amendment is not worthy to be included in our constitution, and we believe it needs to be struck from the ballot," he said.
But Coon, the spokesman for Arkansas Winning Initiative Inc. and Arkansas Wins in 2016, said the Committee to Protect Arkansas' Values/Stop Casinos Now "is just a front group from [Arkansas'] gaming monopoly."
Joel Coon, a spokesman for the Committee to Protect Arkansas' Values/Stop Casinos Now, declined to say whether Oaklawn and Southland Park are supporting the committee. Through July 31, the committee reported no contributions or expenses.
Metro on 09/07/2016