Little Rock, AR– The trial over the lawsuit attempting to get the approval for new Casino Licenses and Repeal Casino Licenses in Pope County Initiative revoked and off of the ballot, continues as day 2 concludes.
The Argument:
Arkansas Canvassing Compliance Committee (ACCC) and Cherokee Nation Entertainment (CNE) are suing the Arkansas Secretary of State, John Thurston for accepting the proposed Pope County casino license amendment. As the ACCC claims that Local Voters in Charge — the group sponsoring the proposed amendment — payed “bonuses or otherwise compensat[ed] canvassers relative to the number of signatures
collected,” specifically in the form of gift-cards and bonuses. ACCC goes on to allege that LVC “violated Arkansas law by employing paid canvassers who were not Arkansas residents.”
Arkansas Law, when it comes to receive bonuses Ark. Code Ann. § 7-9-601(g) states, “It is unlawful for a person to pay or offer to pay a person, or receive payment or agree to receive payment, on a basis related to the number of signatures obtained on a statewide initiative petition or statewide referendum..”
CNE argues the Arkansas Sec. of State allowed signatures — when volunteers turned in the signatures to the SOS’s office — from canvassers that, according to the documents, did not follow proper Arkansas law.
Even though, petitioners have to sign a paper that states they were briefed and followed the latest edition of the Arkansas Initiatives and Referenda handbook.
Now, the State of Arkansas is going back on the acception, saying that the Arkansas Attorney General, Tim Griffin, should invalidate “any votes cast” for the proposed amendment.
In a brief from the State of Arkansas, they say that those that signed the paper — stating the information above — that they had no reason to believe the canvassers weren’t apart of LVC. Which goes back to the claim from ACCC that those canvassers were not from Arkansas.
According to Ark. Code Ann. § 7-9-103(4)(6), “a person shall not act as a canvasser unless he or she is a resident of this state.”
On day 2 of the trial, CNE argued for 38 envelopes to be accepted into evidence, which LVC objected, that were given to the SOS to show that the 38 canvassers had addresses that “existed”, all 38 show “Return to Sender.”
Which LVC says, “petitioners on the envelopes don’t know how the information came to be.”
Those who signed the paper claimed they were “manager[‘s]” of the canvassing for Local Voters in Charge.
When it comes to the giftcards, LVC admits to giving them out for signatures, not the alleged bonuses, though.
Both have been back and fourth in the Arkansas Supreme Court, on August 28th, the special master adjourned to give time to the defense to review evidence as their arguments begin on Thursday.
CNE argues that all of the signatures should be thrown out, not just those from canvassers, as CNE says canvassers were given bonuses per how many signatures were collected.
What would the casino amendment do?
The “Arkansas Countywide Voter Approval for New Casino Licenses and Repeal Casino Licenses in Pope County Initiative (2024)” proposes that any new casino licenses in Arkansas must receive approval from voters in the respective county. This measure aims to give local residents a direct voice in decisions about new casinos in their communities, ensuring that new developments align with local preferences.
Additionally, the initiative seeks to repeal existing casino licenses in Pope County, which would lead to the closure of current casinos operating in that area. This part of the initiative targets the removal of casino licenses specifically in Pope County, reflecting a move to address or reverse previous casino developments there.
The Implications
If the court was to rule in favor of CNE and ACCC, this proposed amendment would likely be off of the ballot. That would leave the question as to what’s next for LVC in the air.
While if the court rules in favor of LVC, things would look the same, the proposed amendment would remain on the ballot, but the legal troubles could continue.
ANALYSIS: With LVC admitting to canvassers receiving giftcards, it puts the courts decision in question. Do they allow that to not effect them, even though Ark. Code Ann. § 7-9-601(g) states, “(1) It is unlawful for a person to pay or offer to pay a person, or receive payment or agree to receive payment, on a basis related to the number of signatures obtained on a statewide initiative petition or statewide referendum..” or will it effect them?