Why did the Arkansas AG re-certify the 2018 Oaklawn/Southland casino-gaming amendment one day after the original certification?
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This page answers the general question as of 2018. Ezel answers yours: what it means for your facts, under current Arkansas law, with citations.
Plain-English summary
Alex Gray's coalition had submitted the proposed Arkansas Casino Gaming Amendment of 2018 on May 14, 2018. The AG certified it as submitted in Op. Att'y Gen. 2018-068 on May 23, 2018. One day later, on May 24, 2018, Gray asked for recertification because the original submission contained typographical and scrivener's errors. The most obvious one was the popular name's misspelling of "Racing" as "Raing" in the reference to "Southland Raing Corporation."
Gray confirmed that no substantive changes were being made to the popular name or ballot title; only the typos were being corrected. AG Rutledge recertified the cleaned-up popular name and ballot title as submitted, applying the same Ark. Code Ann. § 7-9-107 framework as in Op. 2018-068 and including the canvasser-and-signer instructions required by Ark. Code Ann. § 7-9-108.
This is a procedurally minor opinion. Its practical importance is that the corrected text is the version that went out for petition circulation, leading to the November 2018 ballot as Issue 4 (later approved as Amendment 100).
Currency note
This opinion was issued in 2018. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Common questions
Q: What changed between Op. 2018-068 and this recertification?
A: Just typos. The popular name and ballot title in 2018-068 had at least the "Raing" misspelling for "Racing" and unspecified other scrivener's errors. The May 24 recertification cleaned these up. The substantive content was unchanged.
Q: Why does fixing typos require a fresh AG opinion?
A: The popular name and ballot title that go on the ballot must be the same text the AG certified. If the sponsor wants to circulate a corrected version, the corrected version needs its own certification. Otherwise the AG could not vouch for the form of the text actually being circulated.
Q: Did the AG add or subtract any guidance compared to Op. 2018-068?
A: No. The May 24 opinion repeats the same statutory framework, the same cautionary note about complexity, and the same canvasser-and-signer instructions. Sponsors faced with a procedural recertification can expect substantively identical opinions absent text changes.
Q: How does this fit with the broader 2018 casino amendments?
A: Op. 2018-068 was the original certification of the Gray amendment. Op. 2018-070 was the same-day certification of a competing four-LLC amendment (Bynum). Op. 2018-072 (this one) was the Gray amendment's typo recertification one day later. Issue 4 on the November 2018 ballot was the Gray amendment as recertified here, which voters approved as Amendment 100.
Q: Was the Gray submission challenged?
A: Like most significant initiated measures, it faced ballot-title challenges. The AG's cautionary note about complexity was repeated for a reason. The measure ultimately survived and was approved by voters.
Background and statutory framework
Same framework as Op. 2018-068. Ark. Code Ann. § 7-9-107 governs review of popular names and ballot titles. The AG's role is to certify, substitute and certify, or reject. A recertification request is treated as a fresh review of the corrected text.
Ark. Code Ann. § 7-9-108 requires canvasser-and-signer instructions to precede every petition. Those instructions are reproduced in this opinion as in 2018-068, since the petition language post-correction has to carry the same protections.
Citations and references
Statutes:
- Ark. Code Ann. § 7-9-107 (AG ballot-title review)
- Ark. Code Ann. § 7-9-108 (canvasser-and-signer instructions)
Cases:
- Pafford v. Hall, 217 Ark. 734, 233 S.W.2d 72 (1950) (popular name as legislative device)
- Becker v. Riviere, 270 Ark. 219, 604 S.W.2d 555 (1980) (impartial summary)
Related AG opinions:
- Op. Att'y Gen. 2018-068 (original certification of the Gray casino-gaming amendment)
- Op. Att'y Gen. 2018-070 (same-day certification of competing four-LLC casino amendment)
Source
Original opinion text
Opinion No. 2018-072
May 24, 2018
Alex T. Gray, Esq.
Steel, Wright, Gray & Hutchinson, PLLC
400 West Capitol Avenue, Suite 2910
Little Rock, AR 72201
Dear Mr. Gray:
I am writing in response to your request for recertification of the initiated measure you initially submitted on May 14, 2018. This office certified the popular name and ballot title as submitted on May 23, 2018, in Op. Att'y Gen. 2018-068. On May 24, 2018, we received your request for recertification to correct a typographical error and other scrivener's errors that were contained in your May 14 submission. You have neither noted nor requested any substantive changes to the language of your popular name or ballot title.
[Standard discussion of the AG's role under Ark. Code Ann. § 7-9-107 follows.]
REQUEST
You have revised your popular name and ballot title and, pursuant to Ark. Code Ann. § 7-9-107, have submitted the following proposed popular name and ballot title, as revised, for my certification:
Popular Name
An Amendment to Require Four Licenses to be Issued for Casino Gaming at Casinos, One Each in Crittenden (to Southland Racing Corporation), Garland (to Oaklawn Jockey Club, Inc.), Pope, and Jefferson CountiesBallot Title
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; [the remainder of the ballot title is identical to the corrected version of the May 23, 2018 submission, summarizing the four-county licensing scheme, taxation (13%/20% net-receipts tax with state/county/city distribution), on-premises liquor sales overriding dry-county and Christmas Day restrictions, federal-law-compliant gambling-device shipments, and supersession of conflicting law].
RESPONSE
Your proposed popular name and ballot title are certified as submitted. I believe a cautionary note is warranted, however, in light of the significance of the subject matter undertaken (a constitutional amendment requiring casino gaming and taxation thereof) and the complexity and far-reaching effects of this proposal. You should be aware that experience has shown a correlation between the length and complexity of initiated measures and their susceptibility to a successful ballot title challenge. Any ambiguity in the text of a measure could lead to a successful challenge.
Pursuant to Ark. Code Ann. § 7-9-108, instructions to canvassers and signers must precede every petition, informing them of the privileges granted by the Arkansas Constitution and of the associated penalties for violations. Enclosed herewith are instructions that should be incorporated in your petition prior to circulation.
Sincerely,
Leslie Rutledge
Attorney General
Enclosure (canvasser-and-signer instructions per Ark. Code Ann. § 7-9-108).
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