A judge appointed by the Arkansas Supreme Court to review legal challenges to Issue 2 on the November ballot determined the proposed constitutional amendment has enough voter signatures to qualify for the ballot. The judge's findings now go to the Arkansas Supreme Court, which will rule before Election Day whether Issue 2 remains on the ballot for voters to decide.

Issue 2 would repeal the state's authority to issue a casino license in Pope County and revoke the gaming license recently issued to Cherokee Nation Entertainment, which has plans to build a casino and hotel near Russellville.

Issue 2 also includes a provision that quorum courts call a special election to obtain voter approval of any proposed casino in their county. Such an election would be triggered only if Arkansas voters approve a constitutional amendment authorizing more casino licenses in the future.

Special Master William Wright filed his report Sept. 9 detailing his findings in a lawsuit filed by Arkansas Canvassing Compliance Committee, one of two ballot question committees established to oppose Issue 2. Jennifer McGill and Cherokee Nation Entertainment were also listed as plaintiffs in the lawsuit against Secretary of State John Thurston.

The lawsuit alleged signature gatherers were improperly paid for voter signatures, questioned canvasser addresses, and suggested that voter signatures shouldn't be counted because of the state's new determination of who counts as the sponsor when it comes to signing a campaign's petition paperwork.

Wright rejected most of the lawsuit's challenges, but determined 5,966 voter signatures submitted by Local Voters in Charge would not be counted because home addresses for several paid canvassers did not match up with tax documents or canvassers lived in other states. State law requires canvassers to be Arkansas residents.

Wright's determination leaves the ballot issue group with no less than 110,234 voter signatures. Constitutional amendments require at least 90,704 voter signatures to qualify for the ballot, with a certain percentage of signatures required from at least 50 of the state's 75 counties.

The findings will be considered by the Arkansas Supreme Court in their final decision. The parties to the lawsuit will continue to file legal briefs throughout September with the last reply brief due by Sept. 26. Supreme Court justices also are reviewing separately a challenge to Issue 2's ballot title.

Early voting starts Oct. 21. Election Day is Nov. 5.

Clarification

Please note clarifications and additions to our article on Issue 2 from the email version of the August 2024 newsletter.