In a surprising turn of events, Arkansas Secretary of State John Thurston has announced that his office made an error in certifying enough signatures for a highly contentious casino referendum to appear on the upcoming November 5 ballot. Back in August, Thurston claimed that sufficient signatures had been verified, promoting a question on the ballot that would alter the state’s approval process for commercial casinos. However, his office now acknowledges a mistake in the certification.
The referendum, known as Issue 2, is backed by the Choctaw Nation of Oklahoma under the banner of Local Voters in Charge. The initiative aims to mandate that only the Arkansas Racing Commission can approve casino projects in counties that have held local referendums in favor of gaming activities, including slot machines, table games, and sports betting. Interestingly, Pope County voters were among a small minority who voted against the state’s 2018 casino proposal that authorized four commercial casinos in select counties, including Pope.
After prolonged legal disputes over the casino license for Pope County, the Arkansas Racing Commission selected Cherokee Nation Entertainment in June to build a $300 million resort called Legends Resort & Casino in Russellville. Although the Choctaw Nation didn’t apply for the Pope County casino license, it opposes opening a gaming establishment in Russellville to protect its tribal casinos in Eastern Oklahoma.
Now, Arkansas Attorney General Tim Griffin has requested the state’s Supreme Court to dismiss Issue 2 from the 2024 ballot. Providing a detailed brief on behalf of Thurston, Griffin argued that Local Voters in Charge committed numerous procedural errors, including improper registration of canvassing captains and paying canvassers based on the number of signatures collected. One significant error noted was allowing canvassers and captains to self-certify signatures instead of having the group’s officials handle the process.
Local Voters in Charge countered Thurston’s claims by referring to a “Findings of Fact” report from Eighth Judicial Circuit Judge Randy Wright, who is acting as an independent advisor for the case. Wright’s findings suggested that most of the Cherokee Nation’s allegations were insignificant and recommended dismissing fewer than 6,000 of the 116,000 signatures Thurston’s office had certified. For a citizen-led referendum to qualify for the 2024 ballot, 90,704 certified signatures are necessary.
Opinions on the potential casino in Pope County appear to have shifted. Pope County Judge Ben Cross, along with 12 of the 13 justices of the Pope County Quorum Court, support the Legends Resort & Casino project. Cross argued that if the term “casino” were removed from the proposal, the promise of creating a thousand new jobs and a $300 million investment would receive overwhelming community support, stating, “It means a new jail, a new health department, a new 911 system for Pope County.”
Conversely, Hans Stiritz, a spokesperson for Local Voters in Charge, contends that judges and officials do not represent community sentiment, emphasizing that local voters should have the ultimate say in the matter. “Issue 2 is based upon a simple premise that local voters, the people within the communities that are potentially affected by casino projects, those are the people who should have the final say on whether the casino project goes forward or not,” Stiritz said.
The Arkansas Supreme Court has set a deadline for final briefs to be submitted by Thursday, September 26. A prompt decision on whether Issue 2 will proceed to the ballot is expected shortly thereafter.
