Published on: September 18, 2024, 11:44h.
Last updated on: September 18, 2024, 12:01h.
The Arkansas Supreme Court is anticipated to deliver a ruling soon on a referendum aimed at rescinding a commercial casino license designated for Pope County.
The state’s supreme court is set to make a decision on an appeal by Cherokee Nation Entertainment challenging Issue 2. The referendum was approved for the November 5 ballot by Arkansas Secretary of State John Thurston in August.
The Arkansas Supreme Court has agreed to expedite its review of the Cherokee allegations with the upcoming Election Day approaching. Early voting in Missouri commences two weeks prior to the official Election Day.
The court has set a deadline of September 26 for the submission of the next round of briefs and has indicated that it will issue a ruling shortly after evaluating each party’s arguments.
Lawsuit Allegations
In June, Cherokee Nation Entertainment was awarded the Pope County casino license as the sole bidder meeting the Arkansas Racing Commission’s guidelines for submission, which required either a letter of support from Pope County Judge Ben Cross or a resolution of support from the Pope County Quorum Court. Pope County was chosen for a commercial casino through a statewide referendum in 2018 that allowed gambling in four counties.
Despite Pope County voters rejecting the 2018 referendum, the county was one of only 11 out of 75 counties in the state to vote against the casino proposition.
Local Voters in Charge, a campaign funded by the Choctaw Nation, is aiming to repeal the Pope County casino agreement to protect its tribal casinos in Eastern Oklahoma. The campaign advocates for casinos to be established only in counties where they are supported.
The Cherokee Nation claims that Local Voters in Charge violated several canvassing laws while collecting signatures to present the gaming question to voters this fall. Through its campaign, the Arkansas Canvassing Compliance Committee, the Cherokee Nation argues that Local Voters in Charge compensated canvassers based on signature collection, provided incorrect registration addresses for workers, and failed to properly certify canvassing captains.
Referendum Likely to Prevail
The review by Eighth Judicial Circuit Court Judge Randy Wright, appointed as a special master in the case to expedite the supreme court’s review, concluded based on preliminary briefs that many of the plaintiff’s claims are unfounded.
Wright’s assessment determined that less than 6,000 signatures certified by Thurston’s office should be invalidated due to canvassing errors. This still leaves the total number of valid signatures at 110,234 — well above the 90,704 required to place the referendum on the 2024 ballot.
In the event that the referendum is defeated or rejected by the Arkansas Supreme Court, Cherokee Nation Entertainment will be allowed to proceed with its $300 million project in Russellville known as Legends Resort & Casino.
The casino proposal includes a gaming floor spanning 50,000 square feet with 1,200 slot machines, 32 live dealer table games, and a sportsbook. Additionally, it features a 200-room hotel, multiple restaurants and bars, 15,000 square feet of meeting and conference space, a resort pool, and an outdoor music venue.
Recent polls indicate that only 42% of likely voters are in favor of Issue 2, while 28% oppose it, and 30% remain undecided.