Maryland Sports Betting Measure (2018)
| Maryland Sports Betting Measure | |
|---|---|
 | |
| Election date November 6, 2018 | |
| Topic Gambling | |
| Status Not on the ballot | |
| Type State statute | Origin State legislature |
The Maryland Sports Betting Measure was not on the ballot in Maryland as a legislatively referred state statute on November 6, 2018, or at a later general election depending on the status of the federal Professional and Amateur Sports Protection Act (PASPA).
The measure would have allowed the Maryland State Legislature to authorize video lottery operators and horse racing tracks to acquire licenses for sports betting. The measure would have stated that the legislature intends to use revenue from sports betting for dedicated purposes, including public education.[1]
The measure would not have appeared on the ballot until the November general election following the date the federal Professional and Amateur Sports Protection Act is repealed or amended to allow betting on sporting events.[1]
Text of measure
Full text
(a) Subject to subsection (b) of this section, the General Assembly may authorize, by law, the State Lottery and Gaming Control Commission to issue a license to offer sports wagering in the State. (b) The license authorized under subsection (a) of this section may be issued only to the holder of:
SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the General Assembly that, if the voters of this State adopt a constitutional amendment that authorizes sports wagering in the State, the State revenues generated by sports wagering be used for dedicated purposes including the funding of public education. SECTION 3. AND BE IT FURTHER ENACTED, That before Section 1 of this Act, which authorizes additional forms or expansion of commercial gaming, becomes effective, it first shall be submitted to a referendum of the qualified voters of the State at the next November general election following the date the contingency in Section 4 of this Act is satisfied, in accordance with Article XIX, § 1(e) of the Maryland Constitution. The State Board of Elections shall do those things necessary and proper to provide for and hold the referendum required by this section. If a majority of the votes cast on the question are “For the referred law”, this Act shall become effective on the 30th day following the official canvass of votes for the referendum, but if a majority of the votes cast on the question are “Against the referred law”, this Act, with no further action required by the General Assembly, shall be null and void. SECTION 4. AND BE IT FURTHER ENACTED, That, subject to the provisions of Section 3 of this Act and for the sole purpose of providing for the referendum required by Section 3 of this Act, Section 3 of this Act shall take effect contingent upon the repeal or amendment of the federal Professional and Amateur Sports Protection Act in a manner that does not prohibit the State from allowing wagering on sporting events or a determination by a federal court or the United States Department of Justice that the Act does not prohibit the State from allowing wagering on sporting events. If the Director of the State Lottery and Gaming Control Agency determines that an event satisfying the contingency has occurred, the Director shall notify the Department of Legislative Services. Section 3 of this Act shall take effect on the date that notice from the Director is received by the Department of Legislative Services. SECTION 5. AND BE IT FURTHER ENACTED, That, subject to the provisions of Sections 3 and 4 of this Act, this Act shall take effect July 1, 2018. |
Background
NJ Question 1
On November 8, 2011, voters in New Jersey approved Public Question 1, which amended the state constitution to allow the legislature to legalize betting on the results of professional, college, and amateur sporting events.
NJ Sports Wagering Act (2012)
Sen. Raymond Lesniak (D-20) and Sen. Jeff Van Drew (D-1) introduced legislation, the Sports Wagering Act, 13 days after voters approved Public Question 1. The Sports Wagering Act was designed to allow betting on professional and college sports events at casinos and racetracks.[2] The state legislature passed the bill on January 9, 2012. Gov. Chris Christie (R) signed the bill on January 17, 2012.[3]
Christie v. NCAA I
On August 7, 2012, the NCAA, NBA, NFL, NHL, and MLB sued Gov. Christie, seeking to enjoin his administration from implementing the Sports Wagering Act of 2012. The NCAA et al. argued that the Sports Wagering Act violated the federal Professional and Amateur Sports Protection Act (PASPA), which prohibited states from being involved in sports betting. Gov. Christie's administration contended that PASPA violated the U.S. Constitution's anti-commandeering doctrine, which states, "Congress 'lacks the power directly to compel the States to require or prohibit' acts which Congress itself may require or prohibit." The state's U.S. District Court ruled in favor of NCAA et al., striking down the Sports Wagering Act of 2012. On September 17, 2013, the Third Circuit Court of Appeals ruled 2-1 to upheld the lower court's decision.[4] The state appealed to the U.S. Supreme Court, which declined to hear the case.[5]
NJ Sports Wagering Act (2014)
Sen. Raymond Lesniak (D-20), along with nine co-sponsors, introduced a new Sports Wagering Act on October 9, 2014. Both chambers of the state legislature passed the bill on October 16, 2014. Gov. Christie signed the bill on October 17, 2014.[6]
As PASPA prohibited the state's involvement in sports betting, the Sports Wagering Act of 2014 allowed casinos and racetracks to provide sports betting without the state being involved in the licensing or regulating of sports betting.[7] The Sports Wagering Act of 2012 involved the state in licensing and regulating sports betting.[2][8]
Christie v. NCAA II
- See also: Christie v. NCAA
On October 20, 2014, the NCAA, NBA, NFL, NHL, and MLB, which sued the state over the Sports Wagering Act of 2012, again filed litigation in federal district court over the Sports Wagering Act of 2014.[9] The court sided with the leagues, holding that the Third Circuit's ruling in Christie v. NCAA I offered the state two options: either maintain prohibitions on sports betting or repeal the sports betting laws completely. The district court reasoned that the Sports Wagering Act of 2014 law violated PASPA because the law still involved the state granting permission. The governor's administration appealed to the Third Circuit Court of Appeals. On August 9, 2016, the Third Circuit upheld the district court's judgment that the Sports Wagering Act of 2014 violated PASPA and that PASPA did not commandeer the state.[5]
On October 7, 2016, the state appealed the case to the U.S. Supreme Court.[10] On June 27, 2017, the Supreme Court decided to take up the case.[11]
Path to the ballot
- See also: Legislatively referred state statute
In Maryland, a legislatively referred state statute must be passed by a simple majority vote in each house of the Maryland Legislature during one legislative session.
Delegate Frank Turner (D-13) introduced the ballot measure as House Bill 1014 (HB 1014) during the 2018 legislative session. On March 15, 2018, the Maryland House of Delegates voted 124 to 14 with three members not voting to pass the measure. The measure did not pass in the state Senate before the legislature adjourned on April 9, 2018.[1]
| Vote in the Maryland House of Delegates | |||
| Requirement: Simple majority vote of all members in each chamber | |||
Number of yes votes required: 71  | |||
| Yes | No | Not voting | |
|---|---|---|---|
| Total | 124 | 14 | 3 |
| Total percent | 87.94% | 9.93% | 2.13% |
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 Maryland General Assembly, "House Bill 1014," accessed March 16, 2018
- ↑ 2.0 2.1 New Jersey Legislature, "Senate Bill 3113," accessed September 12, 2017
- ↑ NJ.com, "Gov. Christie signs bill allowing gamblers to place bets on pro, college sports teams," January 17, 2012
- ↑ Reuters, "New Jersey to appeal sports betting ruling," September 17, 2013
- ↑ 5.0 5.1 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. August 9, 2016
- ↑ 6 ABC, "Governor signs NJ sports betting bill," October 17, 2014
- ↑ New Jersey Legislature, "Senate Bill 2460," accessed September 12, 2017
- ↑ NJ.com, "Christie signs law allowing sports betting in N.J." October 17, 2014
- ↑ ESPN, "NCAA, NFL seek to stop N.J. betting," October 21, 2014
- ↑ Las Vegas Review-Journal, "New Jersey group presses Supreme Court for sports betting," October 7, 2016
- ↑ Washington Post, "In surprise move, Supreme Court says it will take on New Jersey sports-betting case," June 27, 2017
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