LITTLE ROCK — The Arkansas Supreme Court said Thursday it will not hold an oral argument over whether the signatures submitted in support of a constitutional amendment legalizing casino gambling were sufficient but ordered additional briefs to be submitted Monday and it granted an order to expedite the case.
The order states that a request for a special master and depositions in the case will be “taken with the case.” Chief Deputy Clerk of the Court Sue Clayton said that means the court will decide whether to appoint a special master to review the issue after the court has read the briefs.
Bill Walmsley of Batesville, Darrell Myer of Hot Springs and Bill McDowell filed the most recent lawsuit individually and on behalf of the Arkansas Racing Alliance against Secretary of State Mark Martin.
The proposed amendment would allow Nancy Todd and Nancy Todd’s Poker Palace and Entertainment Venues LLC to own and operate a casino in each of Pulaski, Miller, Franklin and Crittenden counties if the amendment is approved by voters.
The alliance also asked the court to declare the amendment’s petition legally insufficient and the ballot title invalid. The title is what voters see on the ballot.
The alliance challenged the sufficiency of the signatures filed with Martin on July 6 and those certified by Martin on Sept. 14. It also argues that the revised ballot title certified by Martin is insufficient because it fails to disclose the definition of the term “casino gaming.”
In Todd’s response to the request for oral arguments and a special master, attorney Peter G. Kumpe called it “a thinly veiled attempt” to stop the measure at the last minute.
Martin asked the court Wednesday to dismiss the suit.
In a separate suit still before the court, Todd has challenged Martin’s decision that a revised ballot title is not legally sufficient to be on the ballot.
The revised title says that the proposed constitutional amendment may repeal the Electronic Games of Skill Act, thus prohibiting Oaklawn Park in Hot Springs and Southland Park in West Memphis from continuing to operate casinolike electronic “games of skill.”
The secretary of state’s response states that the court should only consider whether the signatures were sufficient if it rules in Todd’s favor in the other case.
Arkansas, Pages 18 on 09/21/2012