The Arkansas Supreme Court has partially dismissed a lawsuit challenging an upcoming ballot measure that would revoke a retail casino license in Pope County and make it harder for the state to issue new ones. The court rejected claims by the Arkansas Canvassing Compliance Committee (ACCC) and Cherokee Nation Entertainment that the group Local Voters in Charge (LVC) violated state laws during the signature-gathering process for the measure.
The court unanimously agreed that LVC did not break any rules on canvassing. The Supreme Court has appointed a special master to review evidence in that part of the challenge. The master disagreed with claims that LVC did not submit the required paperwork for its paid canvassers or that it violated a ban on paying canvassers per signature.
However, the case isn’t entirely over. A ruling on the second part of the lawsuit regarding the ballot measure’s wording is still pending.
Hans Stiritz, a spokesperson for LVC, said in a statement:
Issue 2’s message of local voter control — that communities should have the final say on a casino in their own hometown — is resonating across the state. We look forward to the court’s final decision on the ballot language challenge, with hope that the vote of the people will be counted on Issue 2 in November.
Meanwhile, in another statement, Allison Burum, spokesperson for ACCC, expressed disappointment but emphasized that they were still waiting on the court’s ruling regarding the ballot title:
While disappointing, we still await the Court’s decision on the ballot title challenge. Issue 2 is misleading, and its sole purpose is to undo the will of Arkansas voters by eliminating the fourth casino license they approved in 2018.
Assuming it survives the lawsuit, the question will appear on the ballot in this November’s general election. If voters approve the measure, it will strip Cherokee National Entertainment of its casino license and require local voter approval—as well as a statewide referendum—before the Arkansas Racing Commission (ARC) can approve any future licenses.
Background on the Lawsuit
Arkansas voters approved casino expansion in 2018 through Amendment 100. The measure established the ARC and tasked it with issuing four licenses. While casinos in Crittenden, Garland, and Jefferson counties are up and running, the Pope County license has faced several challenges.
The commission finally granted Cherokee Nation Entertainment the license in June this year. However, LVC says residents should decide whether they want a casino and that the ARC should revoke the license in the meantime. In 2018, 60% of Pope County residents opposed the casinos, and LVC successfully canvassed for enough signatures to get its measure onto the November ballot. The ACCC was formed and, together with the Cherokee Nation, filed the lawsuit challenging the measure.
Although LVC purports to represent local citizens, it has the backing of a rival tribal gaming interest. According to Arkansas Ethics Commission filings, LVC has received more than $5.6 million in donations from Choctaw Nation, which operates casinos in nearby Oklahoma. These include one close to the Arkansas-Oklahoma border, just 90 miles from Russellville, where the Cherokee propose building their casino.
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