Arkansas Issue 4, Casinos Authorized in Crittenden, Garland, Pope, and Jefferson Counties Initiative (2018)

Elections in Arkansas, 2018

* General election: Nov. 6
* Voter registration deadline: Oct. 9
* Early voting: Oct. 22 - Nov. 5
* Absentee voting deadline: Nov. 5

* Online registration: No
* Same-day registration: No
* Voter ID: Photo ID required (preliminary injunction issued on April 26, 2018)
* Poll times: 7:30 a.m. to 7:30 p.m.

* * *

On the ballot: U.S. House • Governor • Lt. Gov • Attorney General • Secretary of State • State executive offices • State Senate • State House • Special state legislative • Supreme court • Appellate courts • Local judges • State ballot measures • School boards • Democratic primaries • Republican primaries

Arkansas Issue 4

Election date
November 6, 2018
Topic
Gambling
Status
a Approved
Type
Constitutional amendment| Origin
Citizens

* * *

List of Arkansas measuresArkansas Issue 2Arkansas Issue 4Arkansas Issue 5Submit

* * *

Arkansas Issue 4, the Casinos Authorized in Crittenden, Garland, Pope, and Jefferson Counties Initiative, was on the ballot in Arkansas as an initiated constitutional amendment on November 6, 2018. It was approved.

|  A yes vote supported the initiative to authorize one casino each in Crittenden, Garland, Pope, and Jefferson Counties.

|

|  A no vote opposed the initiative to authorize casinos in Crittenden, Garland, Pope, and Jefferson Counties.

|

## Contents

* 1 Election results
* 2 Measure design
* 3 Text of measure
* 3.1 Ballot title
* 3.2 Constitutional changes
* 3.3 Readability score
* 4 Support
* 4.1 Arguments
* 4.2 Campaign advertisements
* 5 Opposition
* 5.1 Opponents
* 5.2 Arguments
* 6 Campaign finance
* 6.1 Support
* 6.1.1 Donors
* 6.2 Opposition
* 6.2.1 Donors
* 6.3 Methodology
* 7 Polls
* 8 Reports and analyses
* 9 Path to the ballot
* 9.1 The state process
* 9.2 Details about this initiative
* 9.3 Lawsuits
* 10 How to cast a vote
* 10.1 Poll times
* 10.2 Registration requirements
* 10.3 Automatic registration
* 10.4 Online registration
* 10.5 Same-day registration
* 10.6 Residency requirements
* 10.7 Verification of citizenship
* 10.8 Verifying your registration
* 10.9 Voter ID requirements
* 10.9.1 Background
* 11 State profile
* 11.1 Presidential voting pattern
* 11.1.1 Pivot Counties (2016)
* 11.1.2 Pivot Counties (2020)
* 12 See also
* 13 External links
* 13.1 Support
* 13.2 Opposition
* 14 Footnotes

## Election results[edit]

Arkansas Issue 4

Result | Votes | Percentage

Yes

| 470,954 | 54.10%
No | 399,530 | 45.90%

Results are officially certified.
Source

## Measure design[edit]

Issue 4 amended the Arkansas Constitution to issue four casino licenses to specified licensees, as follows: [1][2][3]

* To Southland Racing Corporation (Southland) for casino gaming at a casino to be located at or adjacent to Southland's greyhound track and gaming facility in Crittenden County;
* To Oaklawn Jockey Club, Inc. ("Oaklawn") to require casino gaming at a casino to be located at or adjacent to Oaklawn's horse track and gaming facility in Garland County;
* To an applicant to require casino gaming at a casino to be located in Pope County within two miles of Russellville; and
* To an applicant to require casino gaming at a casino to be located in Jefferson County within two miles of Pine Bluff.

The measure was designed to grant Southland and Oaklawn automatic licenses to conduct casino gaming. Under the measure, the remaining two licenses require applications and require applicants to pay fees to apply, demonstrate experience in conducting casino gaming, or a furnish a letter of support from the county judge.

Under the measure, for each fiscal year, casinos are subject to a tax rate of 13 percent on the first $150,000,000 of net casino gaming receipts and a rate of 20 percent on net casino gaming receipts exceeding $150,000,001. Net casino gaming receipts was defined in the measure as "casino gaming receipts less amounts paid out or reserved as winnings to casino patrons." Under the measure, no other taxes can be imposed on casinos. Tax revenue from casinos was designed to be distributed as follows:[1]

* 55 percent to the State of Arkansas General Revenue Fund;
* 19.5 percent to the city the casino is located in unless the casino is not located in a city, in which case it will be distributed to the county the casino is located in;
* 17.5 percent to the Arkansas Racing Commission for deposit into the Arkansas Racing Commission Purse and Awards Fund to be used only for purses for live horse racing and greyhound racing by Oaklawn and Southland; and
* 8 percent to the county the casino is located in.

The measure also legalized wagering on sporting events.

## Text of measure[edit]

### Ballot title[edit]

The ballot title for this initiativewas as follows:[1]

|  “  |

An amendment to the Arkansas Constitution to require that the Arkansas Racing Commission issue licenses for casino gaming to be conducted at four casinos in Arkansas, being subject to laws enacted by the General Assembly in accord with this amendment and regulations issued by the Arkansas Racing Commission ("Commission"); defining "casino gaming" as dealing, operating, carrying on, conducting, maintaining, or exposing for play any game played with cards, dice, equipment, or any mechanical, electromechanical, or electronic device or machine for money, property, checks, credit, or any representative value, as well as accepting wagers on sporting events; providing that individuals under 21 are prohibited from engaging in casino gaming; providing that the Commission shall issue four casino licenses, one to Southland Racing Corporation ("Southland") for casino gaming at a casino to be located at or adjacent to Southland's greyhound track and gaming facility in Crittenden County for as long as Southland holds a license, one to Oaklawn Jockey Club, Inc. ("Oaklawn") to require casino gaming at a casino to be located at or adjacent to Oaklawn' s horse track and gaming facility in Garland County, one to an applicant to require casino gaming at a casino to be located in Pope County within two miles of Russellville, and one to an applicant to require casino gaming at a casino to be located in Jefferson County within two miles of Pine Bluff; providing that upon receiving a casino license, licensees will be required to conduct casino gaming for as long as they have a casino license providing that Southland and Oaklawn do not have to apply for a license and will automatically receive a casino license upon the Commission adopting rules and regulations to govern casino gaming; providing that the Commission shall require all applicants for the two remaining casino licensees, one in Pope County and one in Jefferson County to pay an application fee, demonstrate experience in conducting casino gaming, and submit either a letter of support from the county judge or a resolution from the county quorum court in the county where the casino would be located and, if the proposed casino is to be located within a city, a letter of support from the mayor of that city; providing that the Commission shall regulate all casino licensees; defining "net casino gaming receipts" as casino gaming receipts less amounts paid out or reserved as winnings to casino patrons; providing that for each fiscal year, a casino licensee's net casino gaming receipts are subject to a net casino gaming receipts tax of 13% on the first $150,000,000 of net casino gaming receipts or any part thereof, and 20% on net casino gaming receipts exceeding $150,000,001 or any part thereof; providing that no other tax, other than the net casino gaming receipts tax, may be imposed on gaming receipts or net casino gaming receipts; providing that the net casino gaming receipts tax shall be distributed 55% to the State of Arkansas General Revenue Fund, 17.5% to the Commission for deposit into the Arkansas Racing Commission Purse and Awards Fund to be used only for purses for live horse racing and greyhound racing by Oaklawn and Southland, as the case may be, 8% to the county in which the casino is located, and 19.5% to the city in which the casino is located, provided that if the casino is not located within a city, then the county in which the casino is located shall receive the 19.5%; permitting casino licensees to conduct casino gaming on any day for any portion of all of any day; permitting casino licensees to sell liquor or provide complimentary servings of liquor during all hours in which the casino licensees conduct casino gaming only for on-premises consumption at the casinos and permitting casino licensees to sell liquor or provide complimentary servings of liquor without allowing the residents of a dry county or city to vote to approve the sale of liquor; providing that casino licensees shall purchase liquor from a licensed Arkansas wholesaler; permitting shipments of gambling devices that are duly registered, recorded, and labeled in accordance with federal law into any county in which casino gaming is authorized; declaring that all constitutional provisions, statutes, and common law of the state that conflict with this amendment are not to be applied to this Amendment.[4]

|  ”

|
|

### Constitutional changes[edit]

See also: Arkansas Constitution

The measure added the following text to the state constitution:[1] Note: Use your mouse to scroll over the below text to see the full text.

SECTION 1. The following is added as an amendment to the Arkansas Constitution: § 1. Short title.

This Amendment shall be known and cited as "The Arkansas Casino Gaming Amendment of 2018."

§ 2. Definitions. For purposes of this Amendment, the below terms are defined as follows:

(a) "Casino" is defined as a facility where casino gaming is conducted as authorized by

this Amendment.

(b) "Casino applicant" is defined as any individual, corporation, partnership, association,

trust, or other entity applying for a license to conduct casino gaming at a casino.

(c) "Casino gaming" is defined as dealing, operating, carrying on, conducting,

maintaining, or exposing for play any game played with cards, dice, equipment, or any mechanical, electromechanical, or electronic device or machine for money, property, checks, credit, or any representative value. Casino gaming shall also be defined to include accepting wagers on sporting events. "Casino gaming" does not include lotteries conducted pursuant to Amendment 87 and/or The Arkansas Scholarship Lottery Act, Ark. Code Ann.§ 23-115-101 et seq.

(d) "Casino gaming receipts" is defined as gross receipts from casino gaming.
(e) "Casino license" is defined as a license issued by the Arkansas Racing Commission

to conduct casino gaming at a casino.

(f) "Casino licensee" is defined as any individual, corporation, partnership, association,

trust, or other entity holding a license issued by the Arkansas Racing Commission to conduct casino gaming at a casino.

(g) "Franchise holder" is defined as any individual, corporation, partnership, association,

trust, or other entity holding a franchise to conduct horse racing under the Arkansas Horse Racing Law, Ark. Code Ann.§ 23-110-101 et seq., or greyhound racing under the Arkansas Greyhound Racing Law, Ark. Code Ann.§ 23-111-101 et seq. as ofDecember 31, 2017.

(h) "Intoxicating liquor" is defined as any beverage containing more than one-half of one

percent of alcohol by weight.

(i) "Net casino gaming receipts" is defined as gross receipts from casino gaming less

amounts paid out or reserved as winnings to casino patrons.

(j) "Net casino gaming receipts tax" is defined as a tax on net casino gaming receipts.
(k) "Wholesaler" means any person who holds a permit under any alcoholic beverage

control law of the State of Arkansas to purchase controlled beverages from a manufacturer, importer, or domestic wine or brandy producer only and to sell such controlled beverages to retailers only.

§ 3. Authorizing Casinos and Casino Gaming.

(a) Casinos and casino gaming are hereby authorized in the State of Arkansas as

provided in this Amendment.

(b) Casino licensees may accept wagers on sporting events if and when not prohibited by

federal law. Franchise holders may continue to accept wagers on horse and greyhound racing as now or hereafter provided under the Arkansas Horse Racing Law, Ark. Code Ann.§ 23-110-101 et seq., and the Arkansas Greyhound Racing Law, Ark. Code Ann.§ 23-111-101 et seq., as the case may be.

(c) To fulfill the purposes of this Amendment, the Arkansas General Assembly shall

from time to time enact laws, and appropriate monies to or for the use of the Arkansas Racing Commission. Initial laws and appropriations enacted by the General Assembly pursuant hereto shall be in full force and effect no later than June 30, 2019.

(d) Individuals under the age of 21 are prohibited from engaging in casino gaming.

§ 4. Licensing of Casinos and Casino Gaming.

(a) The Arkansas Racing Commission shall administer and regulate casino licenses,

including their issuance and renewal, and shall administer and enforce the provisions of this Amendment relating to all casino licensees. Each casino license shall be issued for the purpose of requiring casino licensees to conduct casino gaming at a casino as provided in this Amendment and by regulation of the Arkansas Racing Commission, and all other applicable law.

(b) Casino gaming under this Amendment shall not be regulated under or be subject to

the provisions of the Local Option Horse Racing and Greyhound Racing Electronic Games of Skill Act, Ark. Code Ann. § 23-113-101 et seq.

(c) The Arkansas Racing Commission

(1) The establishment of a casino license application fee which shall not exceed

$250,000;

(2) The manner in which the Arkansas Racing Commission considers applications

for issuance of casino licenses;

(3) The renewal of casino licenses;
(4) The form and content of renewal for casino licenses;
(5) Oversight requirements for casinos and casino gaming;
(6) Recordkeeping requirements for casinos;
(7) Personnel requirements for casinos and casino gaming;
(8) Procedures for suspending or terminating casino licenses held by casino

licensees that violate the provisions of this Amendment or the rules adopted under this Amendment;

(9) A schedule of penalties and procedures for appealing penalties;
(10) Procedures for inspection and investigations of casinos and casino gaming;
(11) Responsibilities of casino licensees related to conducting casino gaming;
(12) The Racing Commission shall allow licensees to transfer their casino license

only to a party who has casino gaming experience.

(13) Any other matters necessary for the fair, impartial, stringent, and

comprehensive administration of its duties under this Amendment.

(f) Not later than June 1, 2019, the Arkansas Racing Commission shall begin accepting

applications for casino licenses.

(g) The application for casino licenses shall include without limitation the following:

(1) The application fee;
(2) The legal name of the casino;
(3) The physical address of the casino;
(4) The name, address, and date of birth of each officer and owner of the casino

applicant; and

(5) If the city, town, or county in which the casino would be located has enacted

zoning restrictions, a sworn statement certifying that the casino will operate in compliance with the restrictions;

(h) Prior to the submission of an application for a casino license, the owners,

shareholders, board members, or officers of the casino applicant:

( 1) If an individual, shall not have been convicted of a disqualifying felony

offense as defined by the Arkansas Racing Commission;

(2) Shall not have previously had a casino license in any state revoked;
(3) If an individual, shall not be under twenty-one years of age; and
4) If an individual, shall not be a county judge or mayor that provides a letter of

support, or a quorum court member that votes in favor of a letter of support as identified in this Amendment.

(i) The Arkansas Racing Commission shall issue four casino licenses.
(j) The Arkansas Racing Commission shall issue a casino license, as provided in this

Amendment, to a Franchise holder located in Crittenden County, there being only one, to conduct casino gaming at a casino to be located at or adjacent to the Franchise holder's greyhound racing track and gaming facility as of December 31, 2017 in Crittenden County. The Arkansas Racing Commission shall also issue a casino license, as provided in this Amendment, to a Franchise holder located in Garland County, there being only one, to conduct casino gaming at a casino to be located at or adjacent to the Franchise holder's horse racing track and gaming facility as of December 31, 2017 in Garland County. Casino licenses to be issued to Franchise holders shall be issued upon:

(I) Adoption by the Arkansas Racing Commission of rules necessary to carry out

the purposes of this Amendment; and

(2) Initial laws and appropriations required by this Amendment being in full

force and effect.

(k) The Arkansas Racing Commission shall award a casino license to a casino applicant

for a casino to be located in Pope County within two miles of the city limits of the county seat. The Arkansas Racing Commission shall also award a casino license to a casino applicant for a casino to be located in Jefferson County within two miles of the city limits of the county seat.

(l) Casino licensees are required to conduct casino gaming for as long as they have a

license.

(m) The Arkansas Racing Commission shall require all casino applicants for a casino

license in Pope County and Jefferson County to demonstrate experience conducting casino gaming.

(n) The Arkansas Racing Commission shall require all casino applicants for a casino

license in Pope County and Jefferson County to submit either a letter of support from the county judge or a resolution from the quorum court in the county where the proposed casino is to be located and, if the proposed casino is to be located within a city or town, shall also require all casino applicants to include a letter of support from the mayor in the city or town where the applicant is proposing the casino to be located.

(o) Franchise holders are not applicants and are not required to submit applications for

casino licenses in order to be issued a casino license.

(p) No individual, corporation, partnership, association, trust, or other entity may hold

more than one casino license in Arkansas.

(q) The Arkansas Racing Commission shall issue a renewal casino license within ten

days to any licensed casino that complies with the requirements contained in this Amendment, including without limitation the payment of the casino license renewal fee, which shall not exceed $10,000. Casino licenses shall be renewed every ten years.

(r)

(1) The Arkansas Racing Commission shall provide an annual amount of at least

$200,000 for compulsive gambling disorder treatment and compulsive gambling disorder educational programs.

(2) The Arkansas Racing Commission shall work together with the Department of

Human Services to implement the compulsive gambling disorder treatment programs and the compulsive gambling disorder educational programs under this section.

(3) The Arkansas Racing Commission may contract with the Department of Human

Services for providing all services related to and administration of the compulsive gambling disorder treatment programs and the compulsive gambling disorder educational programs.

( 4) The Department of Human Services may promulgate rules to administer the

compulsive gambling disorder treatment programs and the compulsive gambling disorder educational programs.

§ 5. Graduated taxation and distribution of proceeds.

(a) For each fiscal year, a casino licensee's net casino gaming receipts are subject to a

net casino gaming receipts tax as follows:

(1) 13% on the first $150,000,000 of net casino gaming receipts or any part

thereof;

(2) 20% on net casino gaming receipts over $150,000,00 I;
(b) Each casino licensee shall be subject to the same income, property, sales, gross

receipts, use, employment, and other taxation as any for-profit business located in the county and city or town in which the casino is located, except that no sales or gross receipts tax shall apply to casino gaming receipts or net casino gaming receipts.

(c) The net casino gaming receipts tax shall be distributed as follows:

(1) 55% to the Arkansas General Revenue Fund
(2) 17.5% to the to the Arkansas Racing Commission for deposit into the

Arkansas Racing Commission Purse and Awards Fund to be used only for purses for live horse racing and greyhound racing by the Franchise holders, as the case may be, and then to be apportioned as set forth in section ( e ),

(3) 8% to the county in which the casino is located, and
(4) 19.5% to the city or town in which the casino is located, provided that the

casino is not located within a city or town, then the 19.5% dedicated to the city or town shall go to the county in which the casino is located.

(d) On the last day of each month, the Treasurer shall transfer the 17 .5% of revenues

derived by the taxes levied under this Amendment referenced in section ( c )(2) to the Arkansas Racing Commission to be distributed to the Franchise holders as follows: for the period prior to January I, 2024, 60% shall be distributed to the Franchise holder operating a franchise to conduct horse racing, and 40% shall be distributed to the Franchise holder operating a franchise to conduct greyhound racing; and for each calendar year thereafter, pro rata to the Franchise holders based upon the total respective amounts of each Franchise holder's pari-mutuel wagering handle during each respective immediately preceding calendar year from wagers placed on and off-track on the Franchise holder's live races (horse or greyhound, as the case may be) conducted at the Franchise holder's licensed premises.

(e) On the last day of each month, the Treasurer of State shall transfer the other

percentage allocations made in section ( c) to the designated entities.

§ 6. Contribution to purses and promotion of Arkansas thoroughbred and greyhound breeding activities.

(a) For so long as a Franchise holder is operating a franchise to conduct horse racing, an

amount equal to 14% of the net casino gaming receipts shall be set aside by the Franchise holder in a separate account and used only for purses for live horse racing by the Franchise holder.

(b) For so long as a Franchise holder is operating a franchise to conduct greyhound

racing, an amount equal to 14% of the net casino gaming receipts shall be set aside by the Franchise holder in a separate account and used only for purses for live greyhound racing and for capital improvements to the Franchise holder's facility by the Franchise holder. The amount of net casino gaming receipts set aside in this paragraph shall be apportioned as follows:

(1) 80% for purses for live greyhound racing by the Franchise holder; and
(2) 20% for capital improvements to the Franchise holder's facility so long as any

amount so apportioned for capital improvements shall be matched by the Franchise holder and used only for capital improvements to the Franchise holder's facility.

(c) With respect to a Franchise holder operating a franchise to conduct horse racing, an

amount equal to l % of the net casino gaming receipts by the horse racing Franchise holder shall be paid by the Franchise holder to the Arkansas Racing Commission for deposit into the Arkansas Racing Commission Purse and Awards Fund to be used for purse supplements, breeders' awards, owners' awards, and stallion awards as provided in Ark. Code Ann.§ 23-110- 409 in order to promote and encourage thoroughbred horse breeding activities in Arkansas.

(d) With respect to a Franchise holder operating a franchise to conduct greyhound

racing, an amount equal to 1 % of the net casino gaming receipts by the greyhound racing Franchise holder shall be paid by the Franchise holder to the Arkansas Racing Commission to be used for breeders' awards as provided in the Arkansas Racing Commission's rules and regulations governing greyhound racing in Arkansas in order to promote and encourage greyhound breeding activities in Arkansas.

(e)

(1) The dedication of net casino gaming receipts to purses and breeding activities as

set forth in this section shall not be subject to any contract or agreement between the Franchise holder and any organization representing horsemen or greyhound owners or trainers, to the end that any such contractual obligations for the use of moneys for purses shall not apply to the funds dedicated to purses and breeding activities as set forth in this section.

(2) The moneys dedicated to purses and breeding activities as set forth in this section are

intended to be in addition to any such contractual purse obligations affecting moneys other than the amounts dedicated to purses and breeding activities as set forth in this section, as well as in addition to amounts required to be used for purses and breeding activities under applicable provisions of the Arkansas Horse Racing Law, Ark. Code Ann.§ 23-110-101 et seq., and the Arkansas Greyhound Racing Law, Ark. Code Ann.§ 23-111-101 et seq., as the case may be.

(t) The Arkansas Racing Commission shall have jurisdiction to check and verify

compliance by the Franchise holders with the provisions of this section and shall make periodic determinations as to compliance under rules and regulations adopted by the Arkansas Racing Commission.

§ 7. Other operational provisions.

(a) Casino licensees are permitted to conduct casino gaming on any day for any portion

or all of any day.

(b) Casino licensees shall be permitted to sell intoxicating liquor or provide

complimentary servings of intoxicating liquor, only for on-premises consumption at the casinos, during all hours in which the casino licensees conduct casino gaming. To that extent, casino licensees shall not be subject to Ark. Code Ann. § 3-3-211, which prohibits the sale of intoxicating liquor on Christmas Day, and Ark. Code Ann.§ 3-9-201, et seq. and other applicable Arkansas law requiring the residents of a dry county or city to vote to approve the sale of intoxicating liquor. Casino licensees shall purchase all intoxicating liquor from a Wholesaler. Casino licensees shall be subject to all other applicable Arkansas laws involving the distribution and sale of intoxicating liquor that do not conflict with any provision of this Amendment.

§ 8. Legal shipment of gambling devices into State. All shipments of gambling devices, including slot machines, that are duly registered, recorded, and labeled by the manufacturer and/or dealer thereof in accordance with applicable federal law into any county of this State in which casino gaming is authorized in accordance with this Amendment shall be deemed legal shipments.

§ 9. Effect on existing law.

(a) By adoption of this Amendment, there is no implied repeal of the existing Arkansas

laws criminalizing gambling for purposes not specified in this Amendment.

(b) This Amendment does not amend, repeal, or otherwise affect Amendment 84

(authorizing bingo and raffles), Amendment 87 (creating the state scholarship lottery), or Act 1151 of 2005 (authorizing electronic games of skill), to the extent those Amendments and statute do not conflict with this Amendment.

§ 10. Inconsistent provisions inapplicable. All provisions of the Constitution, statutes, and common law of this State, including without limitation laws forbidding the judicial enforcement of gambling debts and statutes declaring gambling to be a crime, to the extent inconsistent or in conflict with any provision of this Amendment are expressly declared null and void as to, and do not apply to, any activities allowed under this Amendment.

§ 11. Severability. 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 provisions or application of the Amendment that can be given effect without the invalid provisions or applications, and to this end the provisions of this Amendment are declared to be severable. SECTION 2. EFFECTIVE DATE. This Amendment shall be effective on and after November 14, 2018.[4]

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### Readability score[edit]

See also: Ballot measure readability scores, 2018
Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The initiative proponents wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 9, and the FRE is 46. The word count for the ballot title is 710, and the estimated reading time is 3 minutes and 9 seconds.

In 2018, for the 167 statewide measures on the ballot, the average ballot title or question was written at a level appropriate for those with between 19 and 20 years of U.S. formal education (graduate school-level of education), according to the FKGL formula. Read Ballotpedia's entire 2018 ballot language readability report here.

## Support[edit]

Driving Arkansas Forward led the campaign in support of this initiative.

### Arguments[edit]

Nate Steel, legal counsel for Driving Arkansas Forward, made the following statements in an interview with TotallyGaming.com:[5]

“  |

* Arkansas is surrounded by states that offer casino gaming. Casinos are located on our western, southern, and eastern borders. At least 30% of Arkansans surveyed say they regularly engage in casino gaming outside of Arkansas. This amendment keeps those dollars in state and yields $120 million in tax revenue annually.
* Gambling is not for everyone, but everyone in Arkansas will benefit from an additional $120 million per year. Arkansans already have access to gaming, so why not provide it in a measured and responsible way in-state, and capture the revenue?[4]

|  ”

|
|

### Campaign advertisements[edit]

Driving Arkansas Forward released the following campaign advertisements:[6]

Title: Sign Today

Title: Better Roads

Title: Boost Arkansas-Vote for Issue 4

## Opposition[edit]

Ensuring Arkansas' Future led the campaign in opposition to the measure.

### Opponents[edit]

* Family Council Action Committee
* Libertarian candidate for governor Mark West
* Citizens for Local Choice committee, also known as Citizens for a Better Pope County[7]
* Rev. Stephen Harrison, lead pastor of Family Church and vice president of Pine Bluff Faith-Based Coalition Ministerial Alliance[8]

### Arguments[edit]

* Ensuring Arkansas’ Future chair Derick Easter, a pastor at New St. Hurricane Church in Pine Bluff, said, “One, I think that the industry as a whole targets those who can least afford to lose their income. I also do not think that casinos are a profit to communities. That is the main focus. Casinos don’t revive local communities, they act as parasites upon those communities."[9]
* Mark Tripp of the Russellville City Council said, "Without a local vote of local people, we are against a casino."[10]
* Rev. Stephen Harrison, lead pastor of Family Church in Pine Bluff said casinos are a greed-based business that takes advantage of the poor and that there is no guarantee the measure would help fix the roads.[8]
* Citizens for a Better Pope County filed their own local ballot measure that would prohibit the county judge from submitting a letter of support for a casino license applicant unless a vote of the people was held to grant authority for the judge to submit such a letter.[11]
* Keith Whyte, director of the National Council on Gambling Prevention (NCGP), said gambling addiction in Arkansas is worse than the national average, and that more casinos and gambling options in Arkansas would lead to more gambling addiction problems.[12]
* Libertarian candidate for governor, Mark West, said, "As of right now, I'm opposed to the measure because it is an extremely anti-liberty measure when one could simply remove the big government elements and just allow casinos to operate in our state in communities that choose to welcome them."[11]
* Arkansas Highway Commission spokeswoman Britni Padilla-Dumas said, "Specifically, citizens need to understand that the proposal does not direct any of the revenue to be generated from the casinos to our state's highways, despite what some of the promotional ads are implying. The fact is, the proposed constitutional amendment regarding casino gambling is not a highway funding proposal."[13]

## Campaign finance[edit]

See also: Campaign finance requirements for Arkansas ballot measures
Total campaign contributions:

Support: |  $10,209,129.15
Opposition: |  $154,432.00

The following four committees were registered to support Issue 4:

* Driving Arkansas Forward
* Arkansas Jobs Coalition
* Its Our Turn
* Jobs for Pope County

Together, the four support committees had raised $10.2 million and had spent $10.13 million.

Two committees were registered to oppose the measure: Ensuring Arkansas' Future and Vote No on Issue 4. Together, the committees had raised $154,432 and had spent $2,472.[14]

### Support[edit]

| Committees in support of Arkansas Issue 4

Supporting committees| Cash contributions| In-kind services| Cash expenditures
Driving Arkansas Forward| $6,077,384.80| $15,800.00| $6,006,547.68
Arkansas Jobs Coalition| $0.00| $1,416,481.70[15]| $0.00
Jobs for Pope County| $70,000.00| $0.00| $70,000.00
It's Our Turn| $2,629,462.65| $0.00| $2,627,562.65
Total| $8,776,847.45| $1,432,281.70| $8,704,110.33
| Totals in support

Total raised:| $10,209,129.15
Total spent:| $10,136,392.03

#### Donors[edit]

The top donors to the support campaign were as follows:[14]

Donor  |  Cash  |  In-kind  |  Total

|
|
|

Downstream Development Authority of the Quapaw Tribe  |  $3,655,060.00  |  $198,293.50  |  $3,853,353.50
Delaware North  |  $2,417,500.00  |  $0.00  |  $2,417,500.00
Cherokee Nation Businesses LLC  |  $2,228,535.00  |  $175,000.00  |  $2,403,535.00
Gulfside Casino Partnership LLC  |  $60,000.00  |  $0.00  |  $60,000.00

### Opposition[edit]

| Committees in opposition to Arkansas Issue 4

Opposing committees| Cash contributions| In-kind services| Cash expenditures
Vote No on Issue 4| $150,300.00| $0.00| $0.00
Ensuring Arkansas' Future| $4,132.00| $0.00| $2,472.47
Total| $154,432.00| $0.00| $2,472.47
| Totals in opposition

Total raised:| $154,432.00
Total spent:| $2,472.47

#### Donors[edit]

According to the most current reports available, the top donors to the opposition campaign are as follows:[14]

Donor  |  Cash  |  In-kind  |  Total

|
|
|

Caesar's Entertainment  |  $150,000.00  |  $0.00  |  $150,000.00
Family Council Action Committee BQC2[16] |  $1,500.00  |  $0.00  |  $1,500.00
Families First Foundation  |  $1,500.00  |  $0.00  |  $1,500.00
Arkansas Faith and Ethics Council  |  $1,500.00  |  $0.00  |  $1,500.00

### Methodology[edit]

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

## Polls[edit]

See also: Ballotpedia's approach to covering polls and 2018 ballot measure polls

Following are the results of polls on Issue 4 conducted by Talk Business & Politics and Hendrix College:

Arkansas Issue 4

Poll | Support | Oppose| Don't know| Margin of error| Sample size
Talk Business & Politics- Hendrix College Poll
10/18/18 - 10/19/18 | 49.0%| 43.0%| 8.0%| +/-2.4| 528
Talk Business & Politics- Hendrix College Poll
9/5/18 - 9/7/18 | 41.0%| 48.0%| 11.0%| +/-2.4| 1,701
AVERAGES|  45%|  45.5%|  9.5%|  +/-2.4|  1,114.5
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.

## Reports and analyses[edit]

Note: The inclusion of a report, white page, or study concerning a ballot measure in this article does not indicate that Ballotpedia agrees with the conclusions of that study or that Ballotpedia necessarily considers the study to have a sound methodology, accurate conclusions, or a neutral basis. To read a full explanation of Ballotpedia's policy on the inclusion of reports and analyses, please click here.

Issue 4 support committee Driving Arkansas Forward commissioned a report by the Arkansas Economic Development Institute (AEDI). The report found that if Issue 4 was approved, it would result in the creation of 6,000 additional jobs in Arkansas, a $5.8 billion increase in gross domestic product (GDP) over 10 years, and a $39 million increase in annual state and local revenue.[17]

The report's summary of findings can be expanded here

|  “  |

If the Arkansas Casino Gaming Amendment of 2018 is approved and the construction upgrades and attendance meet expectations, the economic impact on the state could result in:

* 5.80 Billion (in fixed 2009 dollars) increase in GDP over 10 years

* 6,000 additional jobs for the state

* 3,000 additional jobs for the Amusement, Gambling and Recreation industries

* 39 million (in fixed 2009 dollars) average increase in annual State and Local Revenue

[4]

|  ”

|
|

## Path to the ballot[edit]

See also: Laws governing the initiative process in Arkansas

### The state process[edit]

In Arkansas, the number of signatures required to qualify an initiated constitutional amendment for the ballot is equal to 10 percent of the votes cast for governor in the most recent gubernatorial election. Proponents must collect signatures equaling at least half of the designated percentage of gubernatorial votes in at least 15 of the state's counties. There is no limit on how long an initiative petition can be circulated. Signature petitions must be submitted four months prior to the election at which the measure is to appear. According to a law approved by the state legislature in 2019 as an emergency taking immediate effect, initiative ballot titles and popular names are certified by the board of election commissioners (rather than the attorney general) after signatures are submitted (rather than before).

The requirements to get initiated constitutional amendments certified for the 2018 ballot:

* Signatures: 84,859 valid signatures were required.
* Deadline: The deadline to submit signatures was July 6, 2018.

If the secretary of state certifies that enough signatures were submitted in a petition, the initiative is put on the ballot. If a petition fails to meet the signature requirement, but the petition has at least 75 percent of the valid signatures needed, petitioners have 30 days to collect additional signatures or demonstrate that rejected signatures are valid.

The signature deadline was extended, and proponents were given until August 24, 2018, to collect the required number of signatures.[18]

Cost of signature collection:
Sponsors of the measure hired National Ballot Access to collect signatures for the petition to qualify this measure for the ballot. A total of $1,416,481.70 was spent to collect the 84,859 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $16.69.

### Details about this initiative[edit]

Alex Gray filed this initiative. Attorney General Leslie Rutledge certified the measure's ballot title, clearing it for signature gathering, on May 23, 2018.

Proponents of several initiatives filed lawsuits against Rutledge seeking an injunction to require the certification of submitted initiatives and ballot titles so they could begin signature gathering. On May 23, 2018, the Arkansas Supreme Court ruled on a case brought by David Couch, the proponent of the redistricting initiative and the minimum wage initiative, that Rutledge needed to either certified the minimum wage initiative for circulation or provide an alternative ballot title that would be sufficient to proceed with signature gathering. Several hours after the supreme court's ruling concerning the minimum wage initiative, Rutledge certified four initiatives and their ballot titles for circulation: the minimum wage initiative, two different initiatives to authorize new casinos, and the redistricting initiative.

On July 6, 2018, initiative sponsors reported submitting 96,000 signatures to the secretary of state's office, of which, 70,054 were found to be valid. The signature deadline was extended from July 6 to August 24, 2018. On August 21, 2018, proponents of the measure reported submitting an additional 43,952 signatures. A total of 84,859 valid signatures were required to put the amendment on the ballot.[19][20]

On September 5, 2018, the measure was certified for the ballot. Of the 138,880 signatures submitted by proponents, 99,988 were found to be valid. A total of 84,859 were required to qualify.[21]

### Lawsuits[edit]

Ensuring Arkansas' Future and Citizens for a Better Pope County (also known as the Citizens for Local Choice committee) vs. Arkansas Secretary of State Mark Martin (R)

Lawsuit overview

Issue: Whether the initiative's ballot language is unclear and misleading
Court: Filed in Arkansas Supreme Court
Ruling: Dismissed by Supreme Court on October 11, 2018; said ballot language is clear and not misleading
Plaintiff(s): Ensuring Arkansas' Future and Citizens for Local Choice| Defendant(s): State officials, initiative proponents
Plaintiff argument:
The initiative's ballot language is unclear and misleading and should be removed from the ballot, or votes should not be counted for the measure | Defendant argument:
The ballot language is clear
Source: Arkansas Online

Two different lawsuits seeking to remove the measure from the ballot were filed with the state Supreme Court. Ensuring Arkansas' Future filed their lawsuit on September 10, 2018, and Citizens for Local Choice filed their lawsuit on September 12, 2018. Both suits alleged that the initiative's ballot language was misleading.[7]

The Ensuring Arkansas' Future lawsuit stated, "The petition is insufficient because the ballot title fails to convey an intelligible idea of the scope and impact of the proposed Amendment, is materially misleading to the voters, and omits material information that is essential for a fair understanding of the Amendment."[9] Nate Steel, counsel for measure proponents Driving Arkansas Forward, said in a statement, "We believe the attorney general was diligent and correct in reviewing this ballot title, and we have no doubt that it will withstand this legal challenge."[9]

On September 17, 2018, Arkansas Supreme Court Chief Justice Dan Kemp recused himself from both lawsuits.[22]

On October 11, 2018, the Supreme Court dismissed both lawsuits, ruling that the ballot language was clear and was not misleading.[23]

## How to cast a vote[edit]

See also: Voting in Arkansas

### Poll times[edit]

In Arkansas, all polls are open from 7:30 a.m. to 7:30 p.m. on Election Day. An individual who is in line at the time polls close must be allowed to vote.[24]

### Registration requirements[edit]

To vote in Arkansas, one must be a citizen of the United States and a resident of Arkansas. A voter must be 18 years of age or older on or before Election Day.[25]

Registration must be completed no later than 30 days before the election in which a voter wishes to participate. Citizens may register to vote by mail or at one of the following locations:[25]

* County clerk's office
* State Revenue Office, Driver Services
* Public library
* Public assistance agency
* Disability agency
* Military recruitment office
* Voter registration drive

### Automatic registration[edit]

Arkansas does not practice automatic voter registration.

### Online registration[edit]

See also: Online voter registration

Arkansas does not permit online voter registration.

### Same-day registration[edit]

Arkansas does not allow same-day voter registration.

### Residency requirements[edit]

Arkansas law requires 30 days of residency in the state before a person may vote.

### Verification of citizenship[edit]

See also: Laws permitting noncitizens to vote in the United States

Arkansas does not require proof of citizenship for voter registration.

### Verifying your registration[edit]

The site Voter View, run by the Arkansas Secretary of State's office, allows residents to check their voter registration status online.

### Voter ID requirements[edit]

Arkansas requires voters to present photo identification while voting. The identification must include the voter’s name and photograph. It must be issued by "the United States, the State of Arkansas, or an accredited postsecondary educational institution in the State of Arkansas." If the identification has an expiration date on it, it cannot be expired for "more than four (4) years before the date of the election in which the voter seeks to vote."[26]

The following list of accepted ID was current as of October 2019. Click here for the Arkansas Secretary of State's page on accepted ID to ensure you have the most current information.

* Driver’s license
* Photo identification card
* Concealed handgun carry license
* United States passport
* Employee badge or identification document issued by an accredited postsecondary education institution in the State of Arkansas
* United States military identification document
* Public assistance identification card if it has a photograph
* Voter verification card as provided under Ark. Code § 7-5-324

"A person who is a resident of a long-term care or residential care facility licensed by the state of Arkansas is not required to verify his or her registration by presenting a document or identification card as described above when voting in person, but must provide documentation from the administrator of the facility attesting that the person is a resident of the facility," according to the Arkansas Secretary of State’s office.[26]

Voters can obtain a free voter verification card at their county clerk’s office. "[V]oters will be required to complete an affidavit stating they do not possess such identification, and must provide documentation containing their full legal name and date of birth, as well as documentation containing their name and residential address."[26]

#### Background[edit]

On November 6, 2018, voters in Arkansas approved a constitutional amendment establishing a photo ID requirement for voting purposes. As enacted, the amendment requires individuals who are unable to present the requisite form of identification to cast provisional ballots.[27]

As of April 2021, 35 states enforced (or were scheduled to begin enforcing) voter identification requirements. A total of 21 states required voters to present photo identification at the polls; the remainder accepted other forms of identification. Valid forms of identification differ by state. Commonly accepted forms of ID include driver's licenses, state-issued identification cards, and military identification cards.[28][29]

## State profile[edit]

Demographic data for Arkansas

| Arkansas| U.S.
Total population:| 2,977,853| 316,515,021
Land area (sq mi):| 52,035| 3,531,905
Race and ethnicity**
White:| 78%| 73.6%
Black/African American:| 15.5%| 12.6%
Asian:| 1.4%| 5.1%
Native American:| 0.6%| 0.8%
Pacific Islander:| 0.2%| 0.2%
Two or more:| 2.1%| 3%
Hispanic/Latino:| 6.9%| 17.1%
Education
High school graduation rate:| 84.8%| 86.7%
College graduation rate:| 21.1%| 29.8%
Income
Median household income:| $41,371| $53,889
Persons below poverty level:| 22.9%| 11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Arkansas.

* * *

**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

### Presidential voting pattern[edit]

See also: Presidential voting trends in Arkansas

Arkansas voted Republican in all five presidential elections between 2000 and 2016.

#### Pivot Counties (2016)

Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, one is located in Arkansas, accounting for 0.5 percent of the total pivot counties.[30]

#### Pivot Counties (2020)

In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Arkansas had one Retained Pivot County, 0.55 percent of all Retained Pivot Counties.

More Arkansas coverage on Ballotpedia

* Elections in Arkansas
* United States congressional delegations from Arkansas
* Public policy in Arkansas
* Influencers in Arkansas
* Arkansas fact checks
* More...

## See also[edit]

2018 measures

* 2018 ballot measures
* Gambling on the ballot
* 2018 petition deadlines

Arkansas

* Arkansas ballot measures
* Arkansas initiative laws

News and analysis

* Ballot measure lawsuits
* Ballot measure readability
* Ballot measure polls
* Ballot measure signature costs

|
|

## External links[edit]

* Full text

### Support[edit]

* Driving Arkansas Forward campaign website
* Driving Arkansas Forward Facebook page
* Driving Arkansas Forward Twitter page
* Driving Arkansas Forward Instagram page

### Opposition[edit]

Submit links to editor@ballotpedia.org.

|

## Footnotes[edit]

1. ↑ 1.0 1.1 1.2 1.3 Arkansas Attorney General's Office, "Opinion No. 2018-68," accessed May 24, 2018
2. ↑ Arkansas Attorney General's Office, "Opinions Search," accessed May 24, 2018
3. ↑ Fox 16, "Casino Amendment Approved for Arkansas Ballot," accessed September 5, 2018
4. ↑ 4.0 4.1 4.2 4.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid `<ref>` tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid `<ref>` tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid `<ref>` tag; name "quotedisclaimer" defined multiple times with different content
5. ↑ Totally Gaming, "Driving Forward Arkansas’ casino scene," accessed September 5, 2018
6. ↑ YouTube, "Driving Arkansas Forward YouTube Channel," accessed October 5, 2018
7. ↑ 7.0 7.1 Arkansas Online, "Arkansas casino measure faces 2nd lawsuit," accessed September 12, 2018
8. ↑ 8.0 8.1 Pine Bluff Commercial, "PB ministers address casino issue, saying vote ‘no’," accessed September 17, 2018
9. ↑ 9.0 9.1 9.2 Pine Bluff Commercial, "Group asks court to strike casinos measure," accessed September 11, 2018
10. ↑ Courier News, "Russellville considers casino resolution," accessed August 10, 2018
11. ↑ 11.0 11.1 Arkansas Online, "State says casinos amendment to cut 3-year tax revenue," accessed August 13, 2018
12. ↑ Casino Games Pro, "Arkansas Still Seeks Casino Expansion Despite Growing Gambling Addiction Rates," accessed June 19, 2018
13. ↑ Texarkana Gazette, "State official: Casino money would not go to highway fund," accessed August 30, 2018
14. ↑ 14.0 14.1 14.2 Arkansas Ethics Commission, "List of local/ballot/legislative question committees," accessed August 22, 2018
15. ↑ 87 percent of these in-kind contributions were given to the Arkansas Jobs Coalition from Driving Arkansas Forward for the purpose of petition canvassing
16. ↑ This committee was registered to oppose Issue 4, but since it gave almost all of its contributions to Ensuring Arkansas' Future, Ballotpedia is tracking them as a donor rather than a committee
17. ↑ US News, "Study Finds Economic Growth From Arkansas Casino Amendment," accessed October 5, 2018
18. ↑ Ballotpedia staff writer, telephone communication with the Arkansas Secretary of State's office, July 31, 2018
19. ↑ Arkansas Times, "Petition day arrives for ballot measures on casinos, minimum wage and term limits," accessed July 6, 2018
20. ↑ KRMG, "MORE SIGNATURES TURNED IN FOR ARKANSAS CASINO PROPOSAL," accessed August 21, 2018
21. ↑ Fox 16, "Casino Amendment Approved for Arkansas Ballot," accessed September 5, 2018
22. ↑ KATV, "Arkansas chief justice recuses from 2nd casino measure case," accessed September 17, 2018
23. ↑ Gaming Today, "Lawsuits attempting to block gambling expansion in Arkansas thrown out," accessed October 12, 2018
24. ↑ Arkansas Code, "Title 7, Chapter 5, Subchapter 43," accessed October 17, 2019
25. ↑ 25.0 25.1 Arkansas Secretary of State, "Voter Registration Information," accessed October 5, 2019
26. ↑ 26.0 26.1 26.2 Arkansas Secretary of State, "A Pocket Guide to Voting in the Natural State," accessed September 27, 2019
27. ↑ Arkansas State Legislature, "HJR 1016," accessed September 27, 2019
28. ↑ National Conference of State Legislatures, "Voter Identification Requirements|Voter ID Laws," June 5, 2017
29. ↑ The Washington Post, "Do I need an ID to vote? A look at the laws in all 50 states," October 27, 2014
30. ↑ The raw data for this study was provided by Dave Leip of Atlas of U.S. Presidential Elections.

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