Lawsuit filed to pull lottery off Ark. ballot
LITTLE ROCK A conservative group opposing a state-run lottery that would generate money for college scholarships asked the Arkansas Supreme Court on Friday to throw the proposal off this fall's ballot.
The Arkansas Family Council argued in a petition filed with the state's highest court that the proposed constitutional amendment's title and name should be found "inaccurate, incomplete and misleading" because they don't define lotteries and doesn't warn voters of potential consequences of authorizing a state-run lottery. The proposal leaves it up to the Legislature to work out the details of the lottery and the scholarships it would fund.
The ballot measure, if approved, would repeal the state constitution's ban on lotteries and the council contends that repeal would allow casinos in the state.
"The popular name and ballot title of the proposed amendment do not adequately inform the voters of the effect of the amendment regarding casino gaming," the complaint says.
Arkansas is one of eight states without a lottery. Lt. Gov. Bill Halter has proposed establishing a state-run game and dedicating its proceeds to college scholarships. Halter estimates the lottery will bring in $100 million annually, though critics have said the revenues would be significantly lower.
Arkansas voters have twice before rejected lotteries, but earlier proposals tied them in with casinos.
Halter criticized the council for filing the lawsuit and defended the lottery proposal as being straightforward. He dismissed the complaint that the lottery's definition is vague, and noted that the state constitution doesn't currently define a lottery.
"I think it's one of the most anti-democratic moves you could take and we feel very comfortable that the Arkansas Supreme Court will keep this on the ballot so Arkansans can decide this issue for themselves," Halter said.
Halter and a spokesman for the lottery campaign said the lawsuit has shut the door on any possibility of debates between the lottery campaign and the Family Council.
"At this point, when we're facing a court action initiated by this group, no, we're not going to engage them in a debate. We're going to win this in court," Halter said.
Attorney General Dustin McDaniel, who approved the language of the ballot title, has said he believed the proposed amendment would withstand any court challenge. McDaniel, however, has said he's undecided on the measure and raised concerns that it could open to the door to video lottery terminals akin to slot machines.
McDaniel said Friday that he had not yet seen the lawsuit, but planned to defend the measure diligently.
Halter has said limiting the definition of a lottery would have muddled the state's constitution and said he would be opposed to trying to add video lottery terminals in the state. He's also said he doubts that lawmakers would support allowing such machines in the state.
The Family Council filed the lawsuit days after reporting it received a $75,000 donation last month from Jim Walton, son of Wal-Mart founder Sam Walton and chairman of Arvest Bank. The Family Council is one of four groups that have filed papers with the state to campaign against the lottery proposal.
The council is campaigning against the measure while simultaneously pushing for an initiated act that would ban unmarried couples living together from becoming foster or adoptive parents. Opponents of the proposed restriction on adoptions and foster care said this week they would not file a lawsuit to keep the council's measure off the Nov. 4 ballot.