In the Weeds: Repealing Pope County Casino License and Requiring Local Elections on Casinos

The popular name may be called the title by some people:

An amendment requiring local voter approval in a countywide special election for certain new casino licenses and repealing authority to issue a casino license in Pope County, Arkansas

Sometimes called a ballot summary, this is the information that appears on voter petitions and would appear on the ballot if the issue qualifies:

An amendment to the Arkansas Constitution, Amendment 100, § 4, subsection (i), to reduce the number of casino licenses that the Arkansas Racing Commission is required to issue from four to three; amending Amendment 100, § 4, subsections (k) through (n), to repeal authorization for a casino in Pope County, Arkansas and to repeal the authority of the Arkansas Racing Commission to issue a casino license for Pope County, Arkansas; amending Amendment 100 § 4, to add subsection (s), providing that if the Arkansas Racing Commission, or other governing body, issues a casino license for a casino in Pope County, Arkansas prior to the effective date of this Amendment, then said license is revoked on the effective date of this Amendment; amending Amendment 100 § 4, to add subsection (t), providing that if a future constitutional amendment authorizes the issuance of a casino license in any county other than those issued now or hereafter for Crittenden County (to Southland Racing Corporation), Garland County (to Oaklawn Jockey Club, Inc.) and Jefferson County (to Downstream Development Authority of the Quapaw Tribe of Oklahoma and later transferred to Saracen Development, LLC), then the quorum court of each county where a casino is to be located shall call a special election by ordinance to submit the question of whether to approve of a casino in the county; amending Amendment 100 § 4, to add subsection (t)(1)-(3), setting the date for the special election and requiring the ordinance calling the special election to state the election date and to specify the format of the question on the ballot as “FOR a casino in [ ] County” and “AGAINST a casino in [ ] County,” and, “The question presented to voters must include whether or not a casino may be located in the county”—“A casino is defined as a facility where casino gaming is conducted”; amending Amendment 100 § 4, to add subsection (t)(4), requiring the county board of election commissioners to publish the ordinance calling the special election as soon as practicable in a newspaper of general circulation in the county in which the special election is held; amending Amendment 100 § 4, to add subsection (t)(5), requiring a majority of those in the county who vote at the election in certain counties where a future casino is proposed to be located to approve of the casino at the special election before the Arkansas Racing
Commission, or other governing body, may accept any applications for a casino license in that county; making this Amendment effective on and after November 13, 2024; providing that the provisions of this Amendment are severable in that if any provision or section of this Amendment or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provision or application that can be given effect without the invalid provision or application; and repealing all laws or parts of laws in conflict with this Amendment.

Voters see the popular name and ballot title on Election Day. The full text of proposed amendments do not appear on the ballot.

Read the full text of the amendment.

The Arkansas Attorney General is responsible for certifying that popular names and ballot titles are free from misleading information. Only after this certification can sponsors start collecting voter signatures.

Date Certified: March 20, 2024

Read the AG's Opinion

Sponsors must collect signatures from at least 90,704 Arkansas voters, with a certain percentage coming from at least 50 counties. The deadline to submit signatures is July 5, 2024.

Secretary of State's Initiatives and Referenda Handbook

A constitutional amendment, such as this proposal, would change the state's constitution, which dates back to 1874. Constitutional issues require a vote of the people to add, change, or remove.

A state law could be changed by the legislature in any legislative session.

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