Arkansas Supreme Court rejects part of effort to pull Issue 2 from ballot

The Arkansas Supreme Court on Monday (Oct. 14) rejected part of effort by the Arkansas Canvassing Compliance Committee (ACCC) to remove Issue 2, which would block construction of a casino in Pope County, from the November ballot.

Issue 2 is a constitutional amendment that would require local voter approval in a countywide election for any future casino licenses while also repealing the state’s authority to issue a casino license in Pope County and revoking the existing casino license that has been issued in Pope County.

On July 31, 2024, Arkansas Secretary of State John Thurston certified Issue 2 for the ballot after Local Voters in Charge (LVC) submitted around 116,200 valid voter signatures, more than the required 90,704 to be certified as constitutional amendment on the November ballot.

In its legal action, the ACCC argued that LVC canvassers broke several rules in the collection of voter signatures. Violations alleged in Count I by ACCC included fraudulently obtaining signatures by misrepresenting the petition’s purpose, paying bonuses to canvassers based on the number of signatures they collected, failure to certify that all canvassers had no disqualifying criminal offenses and also used canvassers that had disqualifying offenses, and employing canvassers who are not residents of Arkansas.

The ACCC alleged in Count II that the popular name and ballot title are insufficient. Hudson’s ruling on Monday did not address Count II.

The Arkansas Supreme Court appointed Special Master Randy Wright to resolve the disputes in Count I. Wright would reject allegations in Count I, but did disqualify 5,966 signatures, which left Issue 2 with enough signatures to remain on the ballot.

In her ruling, Supreme Court Associate Justice Courtney Hudson essentially supported Wright’s determination.

“While petitioners produced multiple videos as proof of an unlawful offer to pay under subdivision (g)(1), they never offered evidence of the total number of signatures collected by the 14 paid canvassers recorded in the videos,” Hudson noted in her 12-page ruling. “Furthermore, none of those paid canvassers reported when they were offered $100 for 100 signatures or who made the unlawful offers. An improper offer without more is not enough to invalidate signatures.”

Allison Burum, ACCC spokesperson, called the Count I decision disappointing but remains hopeful for Count II of their complaint.

“Issue 2 is misleading, and its sole purpose is to undo the will of Arkansas voters by eliminating the fourth casino license they approved in 2018. Voters will see this as a bad deal — out of state billionaires trying to manipulate Arkansans into changing the constitution to benefit their own self interest. If passed, Issue 2 would cost Arkansans thousands of jobs and much needed tax revenue, including funding for our roads,” Burum noted.

In 2018, voters statewide approved licenses for casino operations in Garland, Crittenden, Jefferson and Pope counties. Casinos are now operating under those licenses at Oaklawn Racing & Gaming in Hot Springs, Southland Casino Hotel in West Memphis, and Saracen Casino Resort in Pine Bluff.

That 2018 amendment passed easily across Arkansas, 54% to 46%. It also passed easily in the three counties that now have casinos. But voters in Pope County, where Russellville is located, opposed it, 61% to 39%.