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Arkansas Pope County Casino Referendum Set for November

The Arkansas Supreme Court has cleared the way for a referendum on the future of a casino in Pope County to appear on the November 2024 ballot. This decision follows the dismissal of two legal challenges to Issue 2, which seeks to repeal the county's casino license and implement new local voting requirements for future casino proposals.
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Arkansas Flag

Branimir Ivanov | Senior News Contributor

Updated: Oct 22, 2024

Arkansas Set for Positive Change

A referendum on whether Pope County, Arkansas, will remain a designated casino site is set to appear on the November 2024 ballot, following a recent ruling by the Arkansas Supreme Court. The court dismissed two challenges to Issue 2, confirming that votes on the measure will be counted.

 

Arkansas Supreme Court Rulings

This week, the Arkansas Supreme Court addressed challenges regarding the legitimacy of Issue 2, which seeks to repeal the 2018 authorization for a casino in Pope County. On Monday, the court unanimously rejected the first challenge, which claimed that canvassers improperly registered and were allegedly offered financial incentives to gather signatures. The court found the evidence presented by the challengers insufficient.

A second challenge, dismissed on Thursday by a narrower 6-5 margin, argued that the language of the ballot measure was misleading. Again, the majority of justices disagreed with this assertion, clearing the way for the referendum.

Issue 2 contains two key provisions: the repeal of the existing casino license for Pope County and a requirement for local referendums for any future casino proposals in the county. Currently, Pope County remains without an operational casino, while the other three authorized sites are up and running.

The language of Issue 2 suggests that any future development would face increased scrutiny and additional regulatory hurdles, although it does not entirely preclude new casino ventures. Polling data regarding Issue 2 indicates a divided electorate. A recent Talk Business & Politics poll found that 42% of respondents supported the measure, while 30% were undecided, and 28% expressed opposition. The significant portion of undecided voters suggests that the outcome of the referendum remains uncertain, with potential implications for casino development in the county.

If voters reject Issue 2, Cherokee Nation Entertainment (CNE), which received a license for a casino in Pope County from the Arkansas Racing Commission (ARC) in July, may proceed with development. However, the potential for further litigation looms large, given the contentious history surrounding the Pope County casino license.

 

The court's ruling ensures that voters will have their say on the future of a casino in Pope County.

 

Conclusions

If Issue 2 fails, Gulfside Casino Partnership, a competitor for the Pope County license with a history of legal challenges, is likely to escalate its efforts against CNE’s license. Gulfside’s involvement is complicated by its connections to the Choctaw Nation of Oklahoma, which has also funded efforts to support Issue 2. Critics argue that the Choctaw Nation’s financial backing is an attempt to protect its own casino interests across the state line.

With the Arkansas Supreme Court already involved multiple times in the Pope County casino saga, further litigation appears inevitable should the referendum not pass. Observers anticipate that a rejected Issue 2 would lead to an extended legal battle over the casino license. As Election Day approaches, the implications of Issue 2 will be closely watched, not only for their impact on local casino operations but also for the broader landscape of gaming in Arkansas.

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