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The group backing the three-casino gambling proposal are asking the courts to force Nebraska Secretary of State John Gale to put the issue on the November 2006 ballot.
The proposal to allow one casino in each of the state’s three congressional districts is “substantially and essentially different” from the casino proposals voters rejected in 2004, according to the petition filed Friday afternoon in Lancaster County District court.
The lawsuit was expected after Gale ruled earlier in the week that the plan could not be placed on the ballot even though backers likely collected enough voter signatures.
Gale said the proposal violates a constitutional provision that bans petition initiatives that are substantially similar from being on the ballot more than once in three years.
But the pro-gambling group contends Gale interpreted that three-year limitation too broadly.
Both open Nebraska to casino gambling, and Gale said the “essential substance” of the 2004 plan and the three-casino initiative is the same.
Pro-gambling groups contend there are many differences between the two plans, including the number of casinos and the distribution of the tax dollars.
Gale’s refusal to put the issues on the ballot is a “misinterpretation and misapplication” of the constitutional three-year limit, the court suit says.
It is a “overbroad and unjustifiable restriction,” and is an “unconstitutional prior restraint on the right to petition the government,” the suit says.
Nebraska Attorney Gen. Jon Bruning, whose office will defend the secretary of state, said he doesn’t believe the issue will be on the November ballot.
“We are prepared to defend the secretary of state vigorously, and we expect to win,” he said late Friday afternoon.
The pro-gambling group, backed by Las Vegas-based Boyd Gaming Inc., collected signatures on three separate petitions: a constitutional amendment and two state law changes.
But the group is asking the court to deal with only two petitions: the proposed constitutional amendment allowing one casino in each congressional district and one state law requiring the bulk of taxes from casinos go to K-12 schools.
The group has withdrawn the second state law change setting up a regulatory system over casino gambling.
If the two other initiatives go through, the Legislature can create the regulation system, said Greg Lemon, spokesman for the pro-gambling group and the person named in the suit.
Lancaster County District Court Judge Karen Flowers will preside over the case, which will include written responses this month and an Aug. 3 hearing date, according to a schedule released by Bruning’s office.
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