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Georgia Sports Betting Legalization Amendment (2024)
| Georgia Sports Betting Legalization Amendment | |
|---|---|
 | |
| Election date November 5, 2024 | |
| Topic Gambling | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin State legislature |
The Georgia Sports Betting Legalization Amendment was not on the ballot in Georgia as a legislatively referred constitutional amendment on November 5, 2024.[1]
This amendment would have authorized the state legislature to provide for sports betting with 80% of revenues dedicated to pre-kindergarten education and college scholarships.[1]
Text of the measure
Full text
The full text of the amendment is available here.
Background
As of 2024, 38 states and Washington, D.C. had legalized sports betting.[2]
Sports betting ballot measures
As of 2024, five of the states to legalize sports betting did so through a ballot measure. All of the ballot measures were approved by voters.
| State | Year | Measure | Type | 'Yes' Percent | 'No' Percent | Outcome |
|---|---|---|---|---|---|---|
| New Jersey | 2011 | Public Question 1 | Legislative | 63.91% | 36.09% | 
|
| Arkansas | 2018 | Issue 4 | Initiative | 54.10% | 45.90% |
|
| Colorado | 2019 | Proposition DD | Legislative | 51.41% | 48.59% |
|
| Maryland | 2020 | Question 2 | Legislative | 67.07% | 32.93% |
|
| South Dakota | 2020 | Amendment B | Legislative | 58.47% | 41.53% |
|
2018 Supreme Court ruling on sports betting
In 2017, the U.S. Supreme Court heard arguments in a case, Murphy v. NCAA (originally Christie v. NCAA), regarding the legality of a law implementing New Jersey Public Question 1 (2011). On May 14, 2018, the U.S. Supreme Court ruled 7-2 that the federal government could not require states to prohibit sports betting, thereby overturning the federal ban on sports betting and allowing states to legalize sports betting.[3]
The Professional and Amateur Sports Protection Act (PASPA) and Murphy v. NCAA
- See also: Murphy v. NCAA
Murphy v. NCAA (originally Christie v. NCAA) was a case about the anti-commandeering doctrine, which is based on the Tenth Amendment to the United States Constitution and dictates that Congress cannot commandeer state governments to enforce federal law. The question, in this case, was whether the Professional and Amateur Sports Protection Act (PASPA), a federal law that prohibits states from authorizing sports gambling, violated the anti-commandeering doctrine.[4]
The United States Congress passed PASPA in 1992. The act prohibited any governmental entity, including states, from sponsoring, operating, advertising, promoting, licensing, and/or authorizing by law any wagering scheme on amateur or professional team games. However, PASPA contained certain exemptions. One of those exemptions allowed New Jersey to enact a sports gambling scheme if the scheme were written into law within one year of PASPA's enactment. At that time, New Jersey declined to implement such a scheme, and the one-year exemption under PASPA expired.[4]
Then, in 2011, New Jersey voters approved an amendment to the New Jersey Constitution authorizing the legislature to legalize betting on the results of professional, college, and amateur sporting events.[4]
Based on the amendment, New Jersey passed the Sports Wagering Act of 2012. The law provided for regulated sports wagering in New Jersey's casinos and racetracks and established a state regulatory scheme for sports wagering in the state. Four professional sports leagues (the National Football League, Major League Baseball, the National Basketball Association, and the National Hockey League) and the National Collegiate Athletic Association (NCAA) (referred to together as the leagues) filed a lawsuit in federal court to stop enforcement of the New Jersey law, arguing that it violated PASPA. In response, New Jersey acknowledged that the law violated PASPA, but argued that PASPA violated the anti-commandeering doctrine and was therefore unconstitutional.[4]
Path to the ballot
- See also: Amending the Georgia Constitution
To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67%) vote vote is required in both the Georgia State Senate and the Georgia House of Representatives.
On February 27, 2024, the state Senate approved Senate Resolution 579 proposing this amendment by a vote of 41-12, with three members excused or not voting.[1]
The measure was not passed before the legislature adjourned its 2024 session.
| Vote in the Georgia State Senate | |||
| Requirement: | |||
| Number of yes votes required: 38 | |||
| Yes | No | Not voting | |
|---|---|---|---|
| Total | 41 | 12 | 3 |
| Total percent | 73.21% | 21.43% | 5.36% |
| Democrat | 19 | 2 | 2 |
| Republican | 22 | 10 | 1 |
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 Georgia State Legislature, "Senate Resolution 579," accessed February28, 2024
- ↑ The Motley Fool, "Sports Betting Tax Revenue by State," accessed February 29, 2024
- ↑ USA Today, "Supreme Court strikes down ban on sports betting in victory for New Jersey," accessed May 14, 2018
- ↑ 4.0 4.1 4.2 4.3 U.S. Court of Appeals for the Third Circuit, National Collegiate Athletic Association et al. v. Governor of the State of New Jersey et al. accessed August 9, 2016 Cite error: Invalid
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State of Georgia Atlanta (capital) |
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