Inside The Battle To Remove Polarizing Casino Amendment From The Arkansas Ballot

Arkansas’ secretary of state is now involved in the legal battle over an amendment on the November ballot that could permanently alter the state’s casino landscape.

Writing on behalf of Arkansas Secretary of State John Thurston, Tim Griffin, the state’s attorney general, filed a brief to the Arkansas Supreme Court on Sept. 23 requesting that any votes for or against Ballot Issue 2 next month not be counted.

Ballot Issue 2 would determine whether a planned and licensed casino in Pope County actually gets built. And it would also require countywide voter approval for any Arkansas casino licenses in the future.

Here is the exact language for Ballot Issue 2, officially called the Countywide Voter Approval for New Casino Licenses and Repeal Casino Licenses in Pope County Initiative:

• A “yes” vote supports repealing the authorization for a casino license in Pope County and requiring countywide voter approval for any new casino licenses.
• A “no” vote opposes repealing the authorization for a casino license in Pope County and requiring countywide voter approval for any new casino licenses.

Background of Ballot Issue 2 battle

At issue are the procedures for gathering signatures.

Griffin claims the group behind Ballot Issue 2, Local Voters in Charge, did not properly pay or certify its signature-gatherers — and that the signatures, themselves, were not properly certified either. Specifically, Griffin said the signature-gatherers certified the signatures themselves, instead of getting them approved by the ballot sponsor, Local Voters in Charge.

Local Voters in Charge filed a brief in response, saying it followed proper signature-certification procedures and had its signatures approved by a Supreme Court-appointed representative in charge of helping expedite the legal proceedings of the battle over Ballot Issue 2 — which stem from a July 31 petition from the Arkansas Canvassing Compliance Committee that alleged most of the signatures Local Voters in Charge collected were invalid.

That representative, Eighth Judicial Circuit Judge Randy Wright, did find that almost 6,000 of the Ballot Issue 2 signatures were improperly collected. However, he approved 110,234 signatures, which was well more than the 90,704 required to get on the ballot.

The Supreme Court required all briefs regarding Ballot Issue 2 to be filed by Sept. 26.

The court has not released any ruling yet. But with the Nov. 5 election rapidly approaching, you’d have to guess a verdict isn’t far away.

In the works since 2018

In 2018, Arkansas voters approved four casinos to be built in the state, including one in Pope County, about an hour northwest of Little Rock. Since then, the three other casinos have opened in Hot Springs, Pine Bluff, and West Memphis. 

But the Pope County casino has been mired in legal battles from the beginning.

Twice, state courts voided casino licenses from companies the Arkansas Racing Commission approved to build the casino — Gulfside Casino Partnership and Cherokee Nation Businesses. Finally, this past June, the ARC approved a new proposal from Cherokee Nation Entertainment and awarded CNE the license to build the Pope County casino.

There are no pending court cases against this newest casino license, and CNE is cleared to start construction on the 325 acres it bought northeast of Russellville whenever it wants. But it has not yet begun.

And any construction that is done would have to be torn down if Amendment 2 passes.

Oklahoma tribal competition spilling into Arkansas

Legends Resort & Casino would be the second tribal casino in Arkansas. The Quapaw Nation of Oklahoma has the license for the casino in Pine Bluff, Saracen Casino Resort.

According to filings with the Arkansas Ethics Commission, the Choctaw Nation is behind Ballot Issue 2 and has donated more than $5.6 million to try to get it passed.

The Choctaw Nation is based on Oklahoma, right along the Arkansas border. It owns Choctaw Casinos & Resorts, a group of seven casino resorts in Oklahoma — including a handful that would be in the same general region as the proposed Legends Resort & Casino.

Ironically, the Choctaw Nation applied for the Pope County casino license in 2019, but was rejected. However, it should also be noted there is some backing behind the group’s decision to add a mandate for countywide approval for Arkansas casinos in the future: In 2018, 60% of Pope County voted against the amendment that legalized four casinos in Arkansas, including one in Pope County.

CNE currently owns nine casinos in Oklahoma, with a 10th in the works. Its casinos are direct competitors with Choctaw Nation casinos in Oklahoma, the largest statewide tribal casino economy with more than 130 tribal gaming facilities.

Details of potential Legends Resort & Casino

The planned casino, called Legends Resort & Casino, has an estimated construction timeline of 18 months and will cost $300 million.

Developers claim the casino will add $5 billion in economic impact to Arkansas in the first 10 years via job creation and tax revenue. They also say they have a $38.8 million economic development agreement that will all go to Pope County, and that agreement includes annual $2.1 million payments to a charitable foundation and the Russellville Economic Development Alliance.

Some other details of Legends Resort & Casino:

• 50,000 square feet
• 1,200 slot machines
• 200-room hotel
• 5,000-seat entertainment venue
• 15,000-square-foot multipurpose space

In fiscal year 2024, per the Arkansas Department of Finance and Administration, the state’s three casinos produced more than $107 million in tax revenue for Arkansas. And almost $30 million of that went to the cities and counties where the casinos are located.