LITTLE ROCK, Ark. — On Tuesday, the Arkansas Supreme Court began a trial that could threaten Arkansas’s proposed casino amendment.
The amendment in question would require communities to hold a special election before allowing a casino to come to town, which could also affect the proposed Pope County casino.
The amendment is expected to appear on the November ballot, but this suit wants to make sure any votes for it aren't counted.
“When someone proposes an amendment to the Constitution, those who oppose the proposed constitutional amendment or statute bring litigation to try to strike it from the ballot,” said Joshua Silverstein, Professor of Law at UALR. "It happened with respect to the abortion amendment, and it's happening with respect to the proposed casino amendment, which would take the license away from Pope County."
The lawsuit was filed on August 1 by a group called the Arkansas Canvassing Compliance Committee (ACCC), which was formed that same day.
Cherokee Nation Entertainment, which currently holds the Pope County casino license, was also named on that side of the lawsuit. It claims that Local Voters in Charge (LVC), who sponsored the amendment, broke some rules in their pursuit of signatures.
"First, they are alleging a lot of misconduct in terms of the signature gatherers misrepresenting what the proposal would do,” Silverstein described.
In a press release that was sent out on the day of the initial suit, the ACCC also alleged that “LVC violated Arkansas law with its compensation structure, paying bonuses to canvassers based upon the number of signatures obtained.”
Silverstein confirmed that signature gatherers aren’t allowed to be paid based on the number of signatures collected. He said that on those parts of the lawsuit, we’ll have to wait and see what evidence is produced.
However, the second part of the ACCC’s argument is a little different.
“One of the formal requirements is [that] whoever’s proposing the initiative has to provide certain certifications about background checks of the signature gatherers and that the signature gatherers received appropriate training,” Silverstein said.
"What is being argued is that the wrong people signed the certification. That it wasn't the members of the actual ballot committee, Local Voters in Charge. It was the firm that hired the signature gatherers that signed the certifications," he added.
Silverstein said that this argument was also brought up against the abortion amendment. However because the court ultimately disqualified that amendment on other grounds, they haven’t ruled on this particular issue yet.
According to Silverstein, Local Voters in Charge have been arguing that those aforementioned firms signed the certifications legally, as agents of the group.
He said he's skeptical that the argument will pan out.
“The way I've looked at the statutes, the essential purpose of this statute is that it's the members of the ballot committee itself that are certifying,” Silverstein said. "I think there's a really good argument that the agency argument made by the ballot committee is not going to work."
Due to the ongoing nature of the trial, neither the ACCC nor Local Voters in Charge were able to interview. However, both groups did send statements which can be read in their entirety below.
Hans Stiritz on behalf of Local Voters in Charge said the following:
“Out of respect for the court-appointed Special Master and the consideration of the Supreme Court, Local Voters in Charge will not be making any immediate statements to the press concerning the specifics of this week's hearings regarding the proposed Local Voter Control of Casino Gambling Amendment.
However, we remain confident in our position defending the more than 116,000 registered voters whose signatures were verified on this petition. Our initiative — Issue 2 — is of vital interest to the entire state: local voters should have the final say on casino gambling in Arkansas.”
Spokeswoman for the Arkansas Canvassing Compliance Committee, Allison Burum, sent this statement:
"In an effort to get its anti-casino measure on the ballot, Local Voters in Charge deliberately disregarded numerous laws and rules that govern the ballot initiative process in Arkansas. We remain confident in our legal challenge and position that signatures obtained by LVC canvassers should be thrown out."