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Nebraska Horse Track Gaming Taxation Initiative (2016)

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Nebraska
Horse Track Gaming Regulations Initiative
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Election date
November 8, 2016
Topic
Gambling
Status
Not on the ballot
Type
State statute
Origin
Citizens


Voting on Gambling
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Ballot Measures
By state
By year
Not on ballot
Local Measures

The Horse Track Gaming Regulations Initiative was not put on the November 8, 2016, ballot in Nebraska as an initiated state statute.

The measure would have established a yearly tax on gross gaming revenue "generated by authorized operators of games of chance at permitted racetrack locations and directs the distribution of tax receipts from such gaming tax."[1]

Supporters of the initiative also submitted two other measures: the Horse Track Initiative Amendment and the Horse Track Gaming Regulations Initiative.

Text of measure

Ballot summary

The proposed ballot summary was as follows:[1]

Enact a statute which establishes an annual tax on gross gaming revenue generated by authorized operators of games of chance at permitted racetrack locations and directs the distribution of tax receipts from such gaming tax.[2]

Full text

The full text of the measure was as follows (underscored language would be added):[1]

FOR AN ACT relating to gaming; to provide a tax on gaming as prescribed; and to define terms.

Be it enacted by the people of the State of Nebraska.

Section 1. For purposes of this act:
(1) Authorized operator means a person or entity authorized to operate games of chance at permitted racetrack locations;

(2) Dollar amount won means the total dollar amount wagered by players of games of chance less the total dollar amount returned to such players;

(3) Game of chance means any game which has the elements of chance, prize, and consideration, including any wager to a slot machine, table game, counter game, or card came. Game of chance does not include any game the operation of which is prohibited at a casino by federal law;

(4) Gross gaming revenue means the dollar amount won by an authorized operator from operation of all games of chance at a permitted racetrack location as computed pursuant to applicable statutes, rules, and regulations less the amount of all federal taxes, other than income taxes, imposed on the operation of such games of chance;

(5) Permitted racetrack location means a racetrack, or an associated facility within two thousand five hundred yards of a racetrack, located at least partially within a city of the first, primary, or metropolitan class; and

(6) Racetrack means a premises at which licensed live horseracing is conducted and simulcast in accordance with 15 U.S.C. 3004, as such section existed on September 1, 2015.

Section 2. An annual gaming tax is imposed on gross gaming revenue generated by authorized operators at permitted racetrack locations from the operation of all games of chance equal to twenty percent of such gross gaming revenue. Of the gaming tax so imposed, seventy-five percent shall be remitted to the State Treasurer for credit to the General Fund and twenty-five percent shall be remitted to the county treasurer to be evenly distributed for credit to the city and county where such permitted racetrack location is located.[2]

Support

The measure was being sponsored by:[1]

  • Keep The Money in Nebraska
  • Ho-Chunk, Inc.
  • Nebraska Horsemen's Benevolent & Protective Association
  • Omaha Exposition & Racing, Inc.

Supporters

Former Sen. Scott Lautenbaugh[3]

Campaign finance

As of March 2016, Ho-Chunk, Inc. had contributed more than $875,000 to Keep the Money in Nebraska, making up the majority of the $904,167 the group had raised as of March 26, 2016.[4]

Opposition

Gambling with the Good Life was leading opposition against the amendment.[3]

Opponents

Arguments against

Pat Loontjer, executive director of Gambling with the Good Life, said:[3]

Nothing's off the table. We're going to fight this tooth and nail, because we're fighting for our children and grandchildren. It's not about the money.[2]

Rev. Al Riskowski, executive director of the Nebraska Family Alliance, stated:[3]

We expected at some point that there would be another large-scale attempt to bring casinos into Nebraska. It's not surprising. It's just disappointing.[2]

Hal Daub, former congressman and Omaha mayor said:[5]

If these petitions are passed, the floodgates will be opened to unregulated, untaxed slot machine gambling, not only for Native American casino proliferation, but for out-of-state profit casino operations.[2]

Campaign finance

As of March 26, 2016, Gambling with the Good Life had about $97,000 in cash on hand.[4]

Path to the ballot

See also: Laws governing the initiative process in Nebraska

Nebraska's signature requirement for ballot initiatives is unique amongst the states. The number of required signatures is tied to the number of registered voters in the state as of the deadline for filing signatures. For initiated state statutes, the number of signatures required is equivalent to 7 percent of registered voters at the time of the deadline. The deadline was four months prior to the general election date of November 8, 2016, which meant the signatures were due around July 8, 2016. Supporters submitted about 90,000 signatures for the initiative to the Secretary of State's office on July 8, 2016.[7]

State profile

Demographic data for Nebraska
 NebraskaU.S.
Total population:1,893,765316,515,021
Land area (sq mi):76,8243,531,905
Race and ethnicity**
White:88.1%73.6%
Black/African American:4.7%12.6%
Asian:2%5.1%
Native American:0.9%0.8%
Pacific Islander:0.1%0.2%
Two or more:2.2%3%
Hispanic/Latino:10%17.1%
Education
High school graduation rate:90.7%86.7%
College graduation rate:29.3%29.8%
Income
Median household income:$52,997$53,889
Persons below poverty level:14.6%11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Nebraska.
**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in Nebraska

Nebraska voted Republican in all seven presidential elections between 2000 and 2024.

Pivot Counties (2016)

Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, one is located in Nebraska, accounting for 0.5 percent of the total pivot counties.[8]

Pivot Counties (2020)

In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Nebraska had one Retained Pivot County, 0.55 percent of all Retained Pivot Counties.

More Nebraska coverage on Ballotpedia

See also

Footnotes