LITTLE ROCK, Ark. – In an Oct. 14 ruling, the Arkansas Supreme Court rejected part of a legal challenge to a ballot measure that would, if approved, kill the license issued to Cherokee Nation Entertainment for its planned Legends Resort and Casino in Pope County.

Claims that the measure should be disqualified for violating signature gathering procedures were unanimously rejected by the justices. A challenge to the ballot language is still awaiting a decision of the court.

Cherokee Nation Businesses CEO Chuck Garrett reported to the CN Tribal Council in September that a campaign to persuade Arkansas voters to reject the ballot question was already underway even with the court decisions still pending. The referendum would ask voters to amend the Arkansas constitution to only allow the Arkansas Racing Commission to grant gaming licenses to counties that want them.

In 2018, Arkansas voters passed Amendment 100 to allow casinos in Crittenden, Garland, Jefferson and Pope counties, but voters in Pope County rejected the amendment. More than 160,000 signatures were gathered by the Local Voters in Charge committee, supported by the Choctaw Nation, which believes the Pope County casino will impact patronage at venues in southeastern Oklahoma. CNE wants to build its $300 million Legends venue in Russellville.

In August, Secretary of State John Thurston stated that Local Voters in Charge had met referendum requisites with more than 116,000 signatures validated and the issue could go on the ballot.

CNE filed a lawsuit with the Arkansas Supreme Court, and Randy Wright of the Eighth Judicial Circuit Court was appointed as a special master. On Sept. 9, Wright released his report.

CNE claimed its own Arkansas Canvassing Compliance Committee found discrepancies in how Local Voters in Charge collected signatures. The suit claimed that canvassers were compensated depending on the number of signatures collected and that canvassers were not certified and some of their addresses were not accurate.

Wright’s report addressing the complaint of canvassers being compensated, said the Arkansas Compliance Canvassing Committee “did not offer proof that Local Voters in Charge or its agents actually paid a canvasser based on the signatures he or she obtained.”

Wright did disqualify a few thousand signatures, but it left the total well above the 90,704 needed at 110,234. 

Local Voters in Charge expressed satisfaction with the court’s decision.

“Issue 2’s message of local voter control — that communities should have the final say on a casino in their own hometown — is resonating across the state,” said LVC spokesman Hans Stiritz in a statement. “We look forward to the court’s final decision on the ballot language challenge, with hope that the vote of the people will be counted on Issue 2 in November.”

Both sides’ ad campaigns are in full throat. A ballot question committee financial report for the Local Voters in Charge shows the Choctaw Nation of Oklahoma has made contributions totaling more than $8 million to LVC. Investing in Arkansas has received $2.8 million from CNB.

“While disappointing, we still await the court’s decision on the ballot title challenge,” said Allison Burum, spokesperson for the Arkansas Canvassing Compliance Committee. “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 Arkansas into changing the constitution to benefit their own self-interest. If passed, Issue 2 would cost Arkansas thousands of jobs and much needed tax revenue, including funding for our roads.”