Lawsuit filed by CNE

Arkansas Supreme Court asked to disqualify casino block proposal from November ballot

Cherokee Nation Entertainment's proposed Pope County casino
2024-08-05
Reading time 1:40 min

The Arkansas Supreme Court has been called upon to disqualify a proposed constitutional amendment aimed at blocking a planned casino in Pope County from the upcoming November ballot. The lawsuit, filed by Cherokee Nation Entertainment and an affiliated group, challenges both the legality and wording of the ballot measure, which is backed by the Choctaw Nation of Oklahoma.

The legal action was initiated a day after the Arkansas Secretary of State's office confirmed that the measure had qualified for the ballot. The lawsuit accuses the campaign, funded by the Choctaw Nation, of violating state laws related to signature gathering and alleges that the ballot proposal is flawed.

Arkansans must be made aware of this deliberate scheme to openly violate Arkansas laws regarding canvassing and to mislead and confuse voters,” stated Dover Mayor Roger Lee, an officer with the Arkansas Canvassing Compliance Committee, which has filed paperwork to campaign against the measure.

Local Voters in Charge, the group supporting the ballot measure, criticized the lawsuit and reaffirmed their commitment to fighting the challenge.

It’s disappointing, but not surprising, that Cherokee Nation Businesses has filed a lawsuit that seeks to silence the voices of 116,000 Arkansas voters who want something that could not be more reasonable: a statewide vote to give local voters the final say on whether a casino should be built in their community, or not,” said Hans Stiritz, a spokesperson for Local Voters in Charge, in a statement.

The lawsuit alleges that canvassers hired by the campaign were improperly compensated based on the number of signatures obtained and that they made false statements about the measure while collecting signatures. Additionally, it claims that the campaign failed to register and certify paid canvassers as required by state law.

Despite these allegations, the office of Arkansas Secretary of State John Thurston, who is named as the defendant in the case confirmed on Wednesday that Local Voters in Charge had submitted more than enough valid signatures from registered voters to qualify the measure for the ballot.

The proposed amendment seeks to revoke the license granted for a Pope County casino, which has been entangled in legal disputes for several years. Pope County was designated as one of four sites for casinos under a constitutional amendment approved by voters in 2018. Casinos have already been established in the other three locations.

In June, the state Racing Commission awarded the Pope County casino license to Cherokee Nation Entertainment, which now faces potential revocation if the proposed amendment passes.

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