Cherokee Nation Entertainment, LLC, under the control of the Cherokee Nation of Oklahoma, has approached the Arkansas Supreme Court to halt a proposed ballot referendum that would give Arkansas voters the chance to revoke a casino license designated for Pope County. In June, the Arkansas Racing Commission (ARC) awarded this gaming concession for Pope County to Cherokee Nation Entertainment.
Meanwhile, a political action committee (PAC) funded by the rival Choctaw Nation of Oklahoma, known as Local Voters in Charge, has been pushing to amend Arkansas’ 2018 gaming law. This amendment would restrict the ARC from issuing casino licenses to counties unless the local electorate were in favor. Local Voters in Charge has successfully gathered enough validated signatures, as confirmed by Arkansas Secretary of State John Thurston, to place this amendment on the November ballot.
The 2018 statewide ballot measure that allowed commercial casinos in Crittenden, Garland, Jefferson, and Pope counties saw support from voters in 64 out of Arkansas’ 75 counties. Nonetheless, Pope County was one of the 11 counties that did not support the measure.
In response, the Cherokees have mobilized their own political task force, the Arkansas Canvassing Compliance Committee, to contest the referendum. In a recent filing with the Arkansas Supreme Court, the committee claims that Local Voters in Charge violated several statutory requirements during their signature collection process. Allegations include improper certification of paid canvassers, compensating canvassers per signature collected, and submitting incorrect addresses for some canvassers. The filing also asserts that Local Voters in Charge failed to register and certify canvassing captains and fraudulently solicited signatures.
“Due to these violations of Arkansas law, the Initiative Petition should not have been certified, and the proposed amendment to Amendment 100 should not be on the ballot for the November 2024 election,” the brief states.
The core issue stems from the Choctaw Nation’s efforts to protect its tribal casinos in eastern Oklahoma. The proposed Legends Resort & Casino in Russellville, Pope County, threatens to attract customers away from existing Choctaw facilities, located approximately 75 air miles east of the proposed Cherokee site.
Local Voters in Charge aims to modify Amendment 100 of the Arkansas Constitution to prevent the operation of the Cherokee-backed casino in Pope County. However, the group faces legal challenges due to alleged irregularities in their signature-gathering process.
The Arkansas Supreme Court has agreed to expedite the matter to allow time for possible ballot adjustments. Eighth Judicial Circuit Judge Randy Wright has been appointed as a special master to oversee the pretrial briefings and resolve factual discrepancies. This will enable the seven justices to make a more timely decision on the case.
