Kansas Charitable Gaming Measure, SCR 1618 (2014)
Charitable Gaming Measure | |
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Type | legislatively referred constitutional amendment |
Origin | Kansas Legislature |
Topic | Gambling |
Status | Approved ![]() |
The Kansas Charitable Gaming Measure, SCR 1618, was on the November 4, 2014, ballot in Kansas as a legislatively referred constitutional amendment, where it was approved. The measure authorized the legislature to permit the conduct of charitable raffles or other forms of charitable gaming by certain nonprofit organizations.[1][2][3] The measure amended Article 15 of the Kansas Constitution by adding a new section to it.[1]
This measure was sponsored in the legislature by the Senate Committee on Federal and State Affairs, and specifically by Sen. Caryn Tyson (R-12). It was known in the legislature as Senate Concurrent Resolution 1618.[2]
Election results
Below are the official, certified election results:
Kansas SCR 1618 | ||||
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Result | Votes | Percentage | ||
![]() | 612,582 | 74.5% | ||
No | 208,695 | 25.4% |
Election results via: Kansas Secretary of State
Background
Prior to SCR 1618's approval, raffles were considered gambling in Kansas, which made holding raffles illegal in the state. In 2013, the legislature tried to expand the ability of charitable organizations to hold raffles, but the measure was vetoed by Gov. Sam Brownback (R) because he believed it would violate the state constitution. He said in a statement, “However, I support the Legislature’s policy goal of permitting certain limited raffles for charitable purposes," and he encouraged the legislature to instead consider a constitutional amendment.[4]
According to a summary of the measure by Senator Caryn Tyson,
“ |
On the November ballot, as a Kansas voter, you will be able to mark the ballot for or against a Constitutional change that would allow churches, veteran’s organizations, charities, and other nonprofits to legally hold raffles. The Constitutional Amendment would restrict the number of raffles per year and ban electronic gaming or vending machines selling raffle tickets. [5] |
” |
—Senator Caryn Tyson[6] |
Text of measure
Kansas Constitution |
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Articles |
Ordinance • Preamble • Bill of Rights 1 • 2 • 3 • 4 • 5 • 6 • 7 • 8 • 9 • 10 • 11 • 12 • 13 • 14 • 15 |
Ballot title
The official ballot text was as follows:[7]
“ |
Explanatory statement. The constitution currently prohibits the operation of lotteries except for specifically authorized lotteries. A raffle is a lottery and is illegal under current law. A vote for this proposition would permit the legislature to authorize charitable raffles operated or conducted by religious, charitable, fraternal, educational and veterans nonprofit organization. The legislature would define what constitutes a charitable raffle. Nonprofit organizations would be prohibited from contracting with a professional lottery vendor to manage, operate or conduct a charitable raffle. A vote against this proposition would continue the current prohibition against all raffles. Shall the following be adopted? §3d. Regulation of "raffles" authorized. Notwithstanding the provisions of section 3 of article 15 of the constitution of the state of Kansas, the legislature may authorize the licensing, conduct and regulation of charitable raffles by nonprofit religious, charitable, fraternal, educational and veterans organizations. A raffle means a game of chance in which each participant buys a ticket or tickets from a nonprofit organization with each ticket providing an equal chance to win a prize and the winner being determined by a random drawing. Such organizations shall not use an electronic gaming machine or vending machine to sell tickets or conduct raffles. No such nonprofit organization shall contract with a professional raffle or other lottery vendor to manage, operate or conduct any raffle. Raffles shall be licensed and regulated by the Kansas department of revenue, office of charitable gaming or successor agency. Yes ( ) No ( )[5] |
” |
Constitutional changes
- See also: Kansas Constitution, Article 15
The measure added the following language to Article 15 of the Kansas Constitution:[1]
§ 3d. Regulation, licensing and taxation of "raffles" authorized. Notwithstanding the provisions of section 3 of article 15 of the constitution of the state of Kansas, the legislature may authorize the conduct of charitable raffles, as defined by law, by nonprofit religious, charitable, fraternal, educational and veterans organizations. No such nonprofit organization shall contract with a professional raffle or other lottery vendor to manage, operate or conduct any raffle. |
Support
SCR 1618 "Yes" votes
The following members of the Kansas Legislature voted in favor of putting SCR 1618 on the ballot:[2][8]
- Note: A yes vote on SCR 1618 merely referred the question to voters and did not necessarily mean these legislators approved of the stipulations laid out in SCR 1618.
House
- Rep. John Alcala (D-57)
- Rep. Steve Alford (R-124)
- Rep. Steven Anthimides (R-98)
- Rep. Barbara Ballard (D-44)
- Rep. John Barker (R-70)
- Rep. Sue Boldra (R-111)
- Rep. Barbara Bollier (R-21)
- Rep. John Bradford (R-40)
- Rep. Carolyn Bridges (D-83)
- Rep. Rob Bruchman (R-20)
- Rep. Tom Burroughs (D-33)
- Rep. Travis Couture-Lovelady (R-110)
- Rep. Larry Campbell (R-26)
- Rep. Sydney Carlin (D-66)
- Rep. Richard Carlson (R-61)
- Rep. John Carmichael (D-92)
- Rep. Will Carpenter (R-75)
- Rep. Ward Cassidy (R-120)
- Rep. Marshall Christmann (R-113)
- Rep. J.R. Claeys (R-69)
- Rep. Stephanie Clayton (R-19)
- Rep. Susan Concannon (R-107)
- Rep. Ken Corbet (R-54)
- Rep. Pam Curtis (D-32)
- Rep. Erin Davis (R-15)
- Rep. Paul Davis (D-46)
- Rep. Diana Dierks (R-71)
- Rep. John Doll (R-123)
- Rep. John Edmonds (R-112)
- Rep. Bud Estes (R-119)
- Rep. John Ewy (R-117)
- Rep. Blaine Finch (R-59)
- Rep. Gail Finney (D-84)
- Rep. Stan Frownfelter (D-37)
- Rep. Randy Garber (R-62)
- Rep. Mario Goico (R-94)
- Rep. Ramon Gonzalez (R-47)
- Rep. Amanda Grosserode (R-16)
- Rep. Daniel Hawkins (R-100)
- Rep. Broderick Henderson (D-35)
- Rep. Jerry Henry (D-63)
- Rep. Larry Hibbard (R-13)
- Rep. Ron Highland (R-51)
- Rep. Brett Hildabrand (R-17)
- Rep. Don Hill (R-60)
- Rep. Don Hineman (R-118)
- Rep. Kyle Hoffman (R-116)
- Rep. Michael Houser (R-1)
- Rep. Jim Howell (R-81)
- Rep. Steve Huebert (R-90)
- Rep. Mark Hutton (R-105)
- Rep. Russell Jennings (R-122)
- Rep. Kevin Jones (R-5)
- Rep. Jim Kelly (R-11)
- Rep. Marvin Kleeb (R-48)
- Rep. Harold Lane (D-58)
- Rep. Jerry Lunn (R-28)
- Rep. Nancy Lusk (D-22)
- Rep. Adam Lusker (D-2)
- Rep. Les Mason (R-73)
- Rep. Peggy Mast (R-76)
- Rep. Craig McPherson (R-8)
- Rep. Melanie Meier (D-41)
- Rep. Kelly Meigs (R-23)
- Rep. Julie Menghini (D-3)
- Rep. Ray Merrick (R-27)
- Rep. Tom Moxley (R-68)
- Rep. Connie O'Brien (R-42)
- Rep. Leslie Osterman (R-97)
- Rep. Emily Perry (D-24)
- Rep. Reid Petty (R-125)
- Rep. Tom Phillips (R-67)
- Rep. Richard Proehl (R-7)
- Rep. Marty Read (R-4)
- Rep. Melissa Rooker (R-25)
- Rep. Allan Rothlisberg (R-65)
- Rep. John Rubin (R-18)
- Rep. Louis Ruiz (D-31)
- Rep. Ron Ryckman, Jr. (R-78)
- Rep. Ronald Ryckman, Sr. (R-115)
- Rep. Tom Sawyer (D-95)
- Rep. Scott Schwab (R-49)
- Rep. Sharon Schwartz (R-106)
- Rep. Joe Seiwert (R-101)
- Rep. Tom Sloan (R-45)
- Rep. Patricia Sloop (D-88)
- Rep. Gene Suellentrop (R-91)
- Rep. Bill Sutton (R-43)
- Rep. Vern Swanson (R-64)
- Rep. Kent Thompson (R-9)
- Rep. Annie Tietze (D-53)
- Rep. James Todd (R-29)
- Rep. Ed Trimmer (D-79)
- Rep. Jene Vickrey (R-6)
- Rep. Ponka-We Victors (D-103)
- Rep. Jim Ward (D-86)
- Rep. Troy Waymaster (R-109)
- Rep. Virgil Weigel (D-56)
- Rep. John Wilson (D-10)
- Rep. Valdenia Winn (D-34)
- Rep. Kathy Wolfe Moore (D-36)
Senate
- Sen. Steve Abrams (R-32)
- Sen. Pat Apple (R-37)
- Sen. Elaine Bowers (R-36)
- Sen. Terry Bruce (R-34)
- Sen. Jim Denning (R-8)
- Sen. Les Donovan (R-27)
- Sen. Oletha Faust-Goudeau (D-29)
- Sen. Steve Fitzgerald (R-5)
- Sen. Marci Francisco (R-2)
- Sen. David Haley (D-4)
- Sen. Tom Hawk (D-22)
- Sen. Anthony Hensley (D-19)
- Sen. Tom Holland (D-3)
- Sen. Mitch Holmes (R-33)
- Sen. Laura Kelly (D-18)
- Sen. Dan Kerschen (R-26)
- Sen. Jeff King (R-15)
- Sen. Forrest Knox (R-14)
- Sen. Jacob LaTurner (R-13)
- Sen. Jeff Longbine (R-17)
- Sen. Garrett Love (R-38)
- Sen. Julia Lynn (R-9)
- Sen. Carolyn McGinn (R-31)
- Sen. Jeff Melcher (R-11)
- Sen. Michael O'Donnell (R-25)
- Sen. Robert Olson (R-23)
- Sen. Ralph Ostmeyer (R-40)
- Sen. Mike Petersen (R-28)
- Sen. Pat Pettey (D-6)
- Sen. Mary Pilcher-Cook (R-10)
- Sen. Larry Powell (R-39)
- Sen. Vicki Schmidt (R-20)
- Sen. Clark Shultz (R-35)
- Sen. Caryn Tyson (R-12)
- Sen. Kay Wolf (R-7)
Arguments
- Sen. Terry Bruce (R-34) said, "We like slot machines, but evidently, the constitution is biased against quilts. It is an anomaly, and we need to fix it.”[9]
Opposition
SCR 1618 "No" votes
The following members of the Kansas Legislature voted against putting SCR 1618 on the ballot:[8][2]
- Note: A no vote on SCR 1618 meant that a legislator did not want to refer the question to voters and did not necessarily mean these legislators disapproved of the stipulations laid out in SCR 1618.
House
- Rep. Steven Becker (R-104)
- Rep. Steve Brunk (R-85)
- Rep. Dave Crum (R-77)
- Rep. Willie Dove (R-38)
- Rep. Joe Edwards (R-93)
- Rep. Keith Esau (R-14)
- Rep. Dennis (R-99)
- Rep. Roderick Houston (D-89)
- Rep. Kasha Kelley (R-80)
- Rep. Mike Kieger (R-121)
- Rep. Lance Kinzer (R-30)
- Rep. Annie Kuether (D-55)
- Rep. Charles Macheers (R-39)
- Rep. Janice Pauls (R-102)
- Rep. Virgil Peck (R-12)
- Rep. Josh Powell (R-50)
- Rep. Marc Rhoades (R-72)
- Rep. Don Schroeder (R-74)
- Rep. Brandon Whipple (D-96)
Senate
No state senators voted against referring SCR 1618 to the ballot.[2]
Media editorial positions
Support
- The Hutchinson News said,
“ |
It is time to make these fundraisers officially lawful, lest state regulators come in and start shutting down activities that, being more about fundraising than gambling, serve a worthy purpose. Besides, with the state running its own casinos, it seems hypocritical to say cheerleaders can’t be selling raffle tickets to raise money for the booster club or parent-teacher organizations for their school. [5] |
” |
—John D. Montgomery, Hutchinson News editorial board |
- The Wichita Eagle wrote,
“ | The editorial board recommends a “yes” vote, which would amend the state constitution to allow charities to conduct raffle fundraisers legally. Many religious, charitable, fraternal, educational and veterans’ nonprofit organizations already use raffles to raise money, either because they are unaware of the prohibition or counting on lack of enforcement. A majority “yes” vote will enable the Legislature to set the framework for regulating and licensing nonprofit groups’ raffles.[5] | ” |
—The Wichita Eagle[11] |
Polls
- See also: Polls, 2014 ballot measures
Kansas SCR 1618 (2014) | |||||||||||||||||||
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Poll | Support | Oppose | Undecided | Margin of error | Sample size | ||||||||||||||
USA Today/Suffolk University 9/27/2014 - 9/30/2014 | 52.4% | 31.4% | 16.2% | +/-4.4 | 500 | ||||||||||||||
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org. |
Path to the ballot
- See also: Amending the Kansas Constitution
Either house of the Kansas State Legislature can propose an amendment to the state's constitution. Two-thirds of the members of each chamber must approve the resolution. If they do, the proposed amendment goes on either the next statewide ballot during which members of the state legislature are elected, or on a special election ballot if the legislature agrees to have a special election for this purpose.
SCR 1618 was first introduced in the Senate on February 12, 2014. On March 12, 2014, the Senate passed a substitute concurrent resolution as amended. The House adopted this same substitute on March 26, 2014. On April 4, 2014, the resolution was enrolled and presented to the secretary of state.[2]
Senate vote
March 12, 2014 Senate vote
Kansas SCR 1618 Senate Vote | ||||
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Result | Votes | Percentage | ||
![]() | 35 | 100.00% | ||
No | 0 | 0.00% |
House vote
March 26, 2014 House vote
Kansas SCR 1618 House Vote | ||||
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Result | Votes | Percentage | ||
![]() | 102 | 84.30% | ||
No | 19 | 15.70% |
Related measures
See also
External links
- Open States, Kansas SCR 1618: State constitutional amendment authorizing raffles
- Full text of the measure
Footnotes
- ↑ 1.0 1.1 1.2 Kansas Legislature, "Senate Concurrent Resolution No. 1618 By Committee on Federal and State Affairs," accessed May 14, 2014
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 Open States, "Kansas 2013-2014 Regular Session, "SCR 1618: State constitutional amendment authorizing raffles," accessed May 14, 2014
- ↑ Associated Press, "Kansas voters to decide fate of charitable raffles," March 27, 2014
- ↑ The Wichita Eagle, "Brownback vetoes bill expanding Kansas raffles," June 17, 2013
- ↑ 5.0 5.1 5.2 5.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ The Ottawa Herald, "TYSON: State Senate action touches taxes, raffles," April 14, 2014
- ↑ Douglas County, "Sample Ballot," accessed October 14, 2014
- ↑ 8.0 8.1 OpenStates.org, "House Vote on SCR 1618 (Mar 26, 2014)," accessed October 14, 2014
- ↑ Washington Times, "Fix to legalize charity raffles advances in Kansas," March 12, 2014
- ↑ HutchNews.com, "Legalizing raffles: Voters can make easy fix to allow raffle fundraisers for charity," March 26, 2014
- ↑ The Wichita Eagle, "Eagle endorsements," October 30, 2014
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