Arkansas Issue 2, Countywide Voter Approval for New Casino Licenses and Repeal Casino Licenses in Pope County Initiative (2024)
| Arkansas Issue 2 | |
|---|---|
 | |
| Election date November 5, 2024 | |
| Topic Gambling | |
Status Approved | |
| Type Constitutional amendment | Origin Citizens |
Arkansas Issue 2, the Countywide Voter Approval for New Casino Licenses and Repeal Casino Licenses in Pope County Initiative, was on the ballot in Arkansas as an initiated constitutional amendment on November 5, 2024. It was approved.
A "yes" vote supported repealing the authorization for a casino license in Pope County and requiring countywide voter approval for any new casino licenses. |
A "no" vote opposed repealing the authorization for a casino license in Pope County and requiring countywide voter approval for any new casino licenses. |
Election results
|
Arkansas Issue 2 |
||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
638,655 | 55.81% | ||
| No | 505,772 | 44.19% | ||
Overview
What did Issue 2 do?
- See also: Text of measure
This measure repealed the authorization for a casino license in Pope County from the state constitution. The amendment required any future constitutional amendments to authorize a casino license in any county other than Crittenden, Garland, or Jefferson counties, the quorum court of the relevant county to call a special election where a majority of countywide voters is required to adopt the authorization.[1]
What was Issue 4 of 2018?
- See also: Issue 4 (2018)
In 2018, voters approved Issue 4, which authorized licenses for one casino each in Crittenden, Garland, Jefferson, and Pope counties. Amendment 4 was approved with 54% of voters statewide in favor while the vote in Pope County was 60% opposed to 39% in favor.
Who supported and opposed the initiative?
- See also: Support, Opposition, and Campaign finance
The initiative was sponsored by Local Voters in Charge. According to campaign finance reports covering information through September 30, Local Voters in Charge had raised $17.6 million from the Choctaw Nation of Oklahoma. Campaign spokesman Hans Stiritz said, “In record numbers, the people of Arkansas have supported our campaign to give local voters the final say on whether a casino should be built in their town or not. Some communities might want casinos, others might not, but nearly everyone agrees that it should be up to local voters to determine the character of the communities in which they live."[2]
Investing in Arkansas registered to oppose the initiative and reported $13.4 million in contributions, all from Cherokee Nation Business. Investing in Arkansas, said, “Arkansans should vote ‘NO’ on the extremely misleading casino amendment if it makes the ballot in November. It robs the state, Pope County and Russellville of jobs and revenue to fund essential services that benefit Arkansans – like roads, bridges and education. The group pushing this initiative has repeatedly lied to Arkansas voters about what this proposed amendment will really do. This ballot measure is nothing but a ploy by the Choctaw Nation of Oklahoma – a rejected casino operator – to change the Arkansas constitution to protect its business interests in another state."[3]
What was the status of casinos in Arkansas going into the election?
- See also: Status of casinos in Arkansas
As of 2024, casinos had been built in Crittenden, Garland, and Jefferson counties. On June 27, 2024, the Arkansas Racing Commission approved a casino license to be awarded to Cherokee Nation Entertainment (CNE). CNE's agreement contains a $38.8 million economic development agreement to be distributed to Pope County as well as an annual $2.1 million donation to a charitable foundation and the Russellville Economic Development Alliance.[4]
Aftermath
On November 8, 2024, Cherokee Nation Businesses (CNB) challenged the constitutionality of Issue 2 with Federal Eastern District of Arkansas.[5] They stated that the amendment violated the Contract Clause, Takings Clause, and the Bill of Attainder Clause in the United States Constitution.[6] On August 28, 2025, Judge D. P. Marshall Jr. dismissed the claims and ruled in favor of the state, thus upholding the constitutional amendment created by Issue 2.[7]
Text of measure
Popular name
The popular name for Issue 2 was as follows:[8]
| “ | An amendment requiring local voter approval in a countywide special election for certain new casino licenses and repealing authority to issue a casino license in Pope County, Arkansas.[9] | ” |
Ballot title
The ballot title for Issue 2 was as follows:[8]
| “ | An amendment to the Arkansas Constitution, Amendment 100, § 4, subsection (i), to reduce the number of casino licenses that the Arkansas Racing Commission is required to issue from four to three; amending Amendment 100, § 4, subsections (k) through (n), to repeal authorization for a casino in Pope County, Arkansas and to repeal the authority of the Arkansas Racing Commission to issue a casino license for Pope County, Arkansas; amending Amendment 100 § 4, to add subsection (s), providing that if the Arkansas Racing Commission, or other governing body, issues a casino license for a casino in Pope County, Arkansas prior to the effective date of this Amendment, then said license is revoked on the effective date of this Amendment; amending Amendment 100 § 4, to add subsection (t), providing that if a future constitutional amendment authorizes the issuance of a casino license in any county other than those issued now or hereafter for Crittenden County (to Southland Racing Corporation), Garland County (to Oaklawn Jockey Club, Inc.) and Jefferson County (to Downstream Development Authority of the Quapaw Tribe of Oklahoma and later transferred to Saracen Development, LLC), then the quorum court of each county where a casino is to be located shall call a special election by ordinance to submit the question of whether to approve of a casino in the county; amending Amendment 100 § 4, to add subsection (t)(1)-(3), setting the date for the special election and requiring the ordinance calling the special election to state the election date and to specify the format of the question on the ballot as “FOR a casino in [ ] County” and “AGAINST a casino in [ ] County,” and, “The question presented to voters must include whether or not a casino may be located in the county”—“A casino is defined as a facility where casino gaming is conducted”; amending Amendment 100 § 4, to add subsection (t)(4), requiring the county board of election commissioners to publish the ordinance calling the special election as soon as practicable in a newspaper of general circulation in the county in which the special election is held; amending Amendment 100 § 4, to add subsection (t)(5), requiring a majority of those in the county who vote at the election in certain counties where a future casino is proposed to be located to approve of the casino at the special election before the Arkansas Racing Commission, or other governing body, may accept any applications for a casino license in that county; making this Amendment effective on and after November 13, 2024; providing that the provisions of this Amendment are severable in that 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 provision or application that can be given effect without the invalid provision or application; and repealing all laws or parts of laws in conflict with this Amendment.[9] | ” |
Constitutional changes
- See also: Arkansas Constitution
The measure amended Amendment 100 in the Arkansas Constitution. The following struck-through text was deleted and underlined text was added.[10]
Note: Hover over the text and scroll to see the full text.
SECTION 1. Repeal of Authorization for a Casino in Pope County. Arkansas Constitution, Amendment 100, § 4, subsections (i) - (n), are amended to read as follows, with stricken language to be deleted from Amendment 100 and underlined language to be added to Amendment 100:
(i) The Arkansas Racing Commission shall issue four three 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:
(1) 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.
(I) 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 Jefferson County 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.
SECTION 2. Revocation of any casino license issued for Pope County.
Arkansas prior to the effective date of this Amendment. Arkansas Constitution, Amendment 100, § 4, is amended to add subsection (s) to read as follows with underlined language to be added to Amendment 100:
(s) If the Arkansas Racing Commission, or other governing body, issues a casino license for a casino in Pope County, Arkansas prior to the effective date of this Amendment, then said license is revoked on the effective date of this Amendment.
SECTION 3. Requiring the county quorum court to call a special countywide election on the question of whether to approve of any future casino to be located in the county, excepting casinos operating in Crittenden County (pursuant to a license issued now or hereafter to Southland Racing Corporation), Garland County (pursuant to a licensed issued now or hereafter to Oaklawn Jockey Club, Inc.) and Jefferson County (pursuant to a license issued now or hereafter to Downstream Development Authority of the Quapaw Tribe of Oklahoma and later transferred to Saracen Development. LLC ).
Arkansas Constitution, Amendment 100, § 4, is amended to add subsection (t) to read as follows with underlined language to be added to Amendment 100:
(t) If a constitutional amendment authorizes or otherwise allows the issuance of a casino license in any county other than those issued now or hereafter for Crittenden County (to Southland Racing Corporation). Garland County (to Oaklawn Jockey Club, Inc.) and Jefferson County (to Downstream Development Authority of the Quapaw Tribe of Oklahoma and later transferred to Saracen Development, LLC), then the quorum court of each county where a casino is to be located shall! call a special election by ordinance to submit the question of whether to approve of a casino in the county.
(1) Except as provided in subsection (t)(2), the special election shall be held on the second Tuesday of:
(A) March or November in a year when a presidential election is held: or
(B) May or November of all other years.
(2)(A) Special elections scheduled to occur in a month in which the second Tuesday is a legal holiday shall be held on the third Tuesday of the month.
(B) Special elections held in months in which a preferential primary election or general election is scheduled to occur shall be held on the date of the preferential primary election or general election.
(3) The ordinance calling the special election shall:
(A) State the date of the special election; and
(B) Require the special election ballot to set forth the question substantially as follows:
"FOR a casino in [ ] County
AGAINST a casino in [ ] County
The question presented is whether or not a casino may be located in the county. A casino is defined as a facility where casino gaming is conducted."
(4) The county board of election commissioners shall publish the ordinance calling the special election as soon as practicable in a newspaper of general circulation in the county in which the special election is held.
(5) A majority of the voters in the county where the casino is proposed to be located must approve of a casino at the special election before the Arkansas Racing Commission, or other governing body, may accept any applications for a casino license in that county. [9]
Readability score
- See also: Ballot measure readability scores, 2024
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 20, and the FRE is 0. The word count for the ballot title is 28.
The FKGL for the ballot summary is grade level 24, and the FRE is 7. The word count for the ballot summary is 465.
Support
Local Voters in Charge led the campaign in support the initiative.[11]
Supporters
American Indian Tribes
Arguments
Opposition
Investing in Arkansas led the campaign in opposition to the initiative.[12]
Opponents
American Indian Tribes
Arguments
Campaign finance
Local Voters in Charge registered to support the initiative. The committee reported $17.6 million in contributions, all from Choctaw Nation of Oklahoma.[11]
Investing in Arkansas registered to oppose the initiative and reported $13.4 million in contributions, all from Cherokee Nation Business.[11]
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $17,650,100.00 | $0.00 | $17,650,100.00 | $16,932,482.19 | $16,932,482.19 |
| Oppose | $13,419,108.00 | $0.00 | $13,419,108.00 | $13,416,998.26 | $13,416,998.26 |
| Total | $31,069,208.00 | $0.00 | $31,069,208.00 | $30,349,480.45 | $30,349,480.45 |
Support
The following table includes contribution and expenditure totals for the committee in support of the initiative.[11]
| Committees in support of Issue 2 | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| Local Voters in Charge | $17,650,100.00 | $0.00 | $17,650,100.00 | $16,932,482.19 | $16,932,482.19 |
| Total | $17,650,100.00 | $0.00 | $17,650,100.00 | $16,932,482.19 | $16,932,482.19 |
Donors
The top donors to the support campaign were as follows:[11]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| Choctaw Nation of Oklahoma | $17,650,000.00 | $0.00 | $17,650,000.00 |
Opposition
The following table includes contribution and expenditure totals for the committee(s) in opposition to the initiative.[11]
| Committees in opposition to Issue 2 | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| Investing in Arkansas | $13,419,108.00 | $0.00 | $13,419,108.00 | $13,416,998.26 | $13,416,998.26 |
| Total | $13,419,108.00 | $0.00 | $13,419,108.00 | $13,416,998.26 | $13,416,998.26 |
Donors
The top donors to the opposition campaign were as follows:[11]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| Cherokee Nation Business | $13,419,108.00 | $0.00 | $13,419,108.00 |
Methodology
To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.
Background
Issue 4 (2018)
In 2018, voters approved Issue 4, which authorized licenses for one casino in Crittenden, Garland, Pope, and Jefferson counties. Amendment 4 was approved with 54% of voters statewide in favor while the vote in Pope County was 60% opposed to 39% in favor.
Issue 4 amended the Arkansas Constitution to issue four casino licenses to specified licensees, as follows: [10][13][14]
- 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:[10]
- 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.
Status of casinos in Arkansas
Casinos have been built in Crittenden, Garland, and Jefferson counties. On June 27, the Arkansas Racing Commission approved a casino license to be awarded to Cherokee Nation Entertainment.[15]
Path to the ballot
The state process
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 50 of the state's counties. Signatures remain valid until the date of the next general election following the certification of ballot language. Signature petitions must be submitted four months prior to the election at which the measure is to appear.
The requirements to get initiated constitutional amendments certified for the 2024 ballot:
- Signatures: 90,704 valid signatures
- Deadline: The deadline to submit signatures was July 5, 2024.
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.
Details about this initiative
- Attorney General Tim Griffin approved the ballot language on March 20, 2024.[1]
- Sponsors reported submitting 160,000 signatures on July 5, 2024.[16]
- Secretary of State John Thurston announced that the initiative had qualified for the ballot with 116,200 valid signatures.[17]
Signature gathering cost
Sponsors of the measure hired PCI Consultants and Inc. to collect signatures for the petition to qualify this measure for the ballot. A total of $3,750,123.01 was spent to collect the 90,704 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $41.34.
Lawsuit
| Lawsuit overview | |
| Issue: Whether Local Voters in Charge violated state law when collecting signatures and the signatures should be invalidated; whether the ballot language is sufficient | |
| Court: Arkansas Supreme Court | |
| Ruling: Ruled in favor of defendants | |
| Plaintiff(s): Cherokee Nation Businesses | Defendant(s): Secretary of State John Thurston |
Source: Arkansas Supreme Court
Cherokee Nation Businesses filed a lawsuit in the Arkansas Supreme Court alleging that Local Voters in Charge violated state law when collecting signatures by failing to certify that canvassers had no disqualifying offenses, employed circulators that were not state residents, and failed to register circulators as paid canvassers. The lawsuit also alleges that the ballot language is misleading.[18]
Special Master to the Arkansas Supreme Court Randy Wright wrote in his report that 5,966 signatures should be disqualified, meaning 110,234 total valid signatures were submitted for the initiative.[19]
On October 14, 2024, dismissed the part of the lawsuit challenging the number of valid signatures.[20]
On October 17, 2024, the Supreme Court ruled that the ballot language was sufficient and that votes on the measure would be counted.[21]
Post-election lawsuit
| Lawsuit overview | |
| Issue: Whether the amendment violates the U.S. Constitution | |
| Court: United States District Court, Eastern District of Arkansas Central Division | |
| Plaintiff(s): Cherokee Nation Businesses | Defendant(s): State of Arkansas |
Source: Arkansas Advocate
Cherokee Nation Entertainment filed a lawsuit arguing that the measure violates the contract clause, the equal protection clause, and the takings clause of the United States Constitution. Counsel for CNE wrote, “The amendment completely nullifies, or at the very least substantially interferes with, the [Economic Development Agreement] with Pope County, along with other contracts with vendors, contractors, architects, etc."[22]
CNE filed a request for a temporary restraining order seeking to stop the amendment from taking effect, but a federal judge denied the request.[22]
How to cast a vote
- See also: Voting in Arkansas
See below to learn more about current voter registration rules, identification requirements, and poll times in Arkansas.
See also
External links
Footnotes
- ↑ 1.0 1.1 Arkansas Attorney General, "Opinion No. 2024-46," accessed March 20, 2024
- ↑ THV 11, "Arkansas group submits over 160K signatures for casino amendment," accessed August 12, 2024
- ↑ River Valley Now, "Statement from Investing in Arkansas Re: Proposed Casino Amendment," accessed August 12, 2024
- ↑ UAL Public Radio, "Cherokee Nation awarded Pope County casino license," accessed August 1, 2024
- ↑ KARK.com, "Cherokee Nation files suit against Arkansas after Issue 2 passage revokes Pope County casino license," accessed September 2, 2025
- ↑ 5 News,, "Federal court upholds Arkansas casino amendment," accessed September 2, 2025
- ↑ KNWA Fox24, "Arkansas amendment stopping Cherokee Nation-owned casino in Pope County upheld in federal court," accessed September 2, 2025
- ↑ 8.0 8.1 UAEX, "Issue 2 of 2024 - Repealing Pope County Casino License and Requiring Local Elections," accessed September 13, 2024
- ↑ 9.0 9.1 9.2 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 - ↑ 10.0 10.1 10.2 UAEX, "Issue 2 Full text," accessed September 13, 2024 Cite error: Invalid
<ref>tag; name "Text" defined multiple times with different content - ↑ 11.0 11.1 11.2 11.3 11.4 11.5 11.6 Arkansas Ethics, "Ballot question committee filings," accessed July 16, 2024
- ↑ Investing in Arkansas, "Home," accessed October 3, 2024
- ↑ Arkansas Attorney General's Office, "Opinions Search," accessed May 24, 2018
- ↑ Fox 16, "Casino Amendment Approved for Arkansas Ballot," accessed September 5, 2018
- ↑ UAL Public Radio, "Cherokee Nation awarded Pope County casino license," accessed August 1, 2024
- ↑ THV11, "Arkansas group submits over 160K signatures for casino amendment | Here's what to know," accessed July 6, 2024
- ↑ AP News, "Proposal to block casino plans OK’d for Arkansas ballot; medical marijuana backers given more time," accessed August 1, 2024
- ↑ UAL Public Radio, "Lawsuit filed over Arkansas casino amendment," accessed August 2, 2024
- ↑ Arkansas Advocate, "Special master recommends disqualifying thousands of anti-casino measure signatures," accessed September 9, 2024
- ↑ Arkansas Advocate, "Arkansas Supreme Court partially denies challenge to anti-casino ballot measure," accessed October 16, 2024
- ↑ Arkansas Advocate, "UPDATE: Arkansas Supreme Court certifies casino measure for 2024 ballot," accessed October 21, 2024
- ↑ 22.0 22.1 Fayetteville Flyer, "Federal judge denies request to block measure revoking Arkansas casino license," accessed November 19, 2024
- ↑ Arkansas Code, "Title 7, Chapter 5, Subchapter 304," accessed April 3, 2023
- ↑ 24.0 24.1 24.2 Arkansas Secretary of State, "Voter Registration Information," accessed October 6, 2025
- ↑ Arkansas Secretary of State, "Arkansas Voter Registration Application," accessed November 1, 2024
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ Arkansas Secretary of State, "Frequently Asked Questions," accessed October 6, 2025
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