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New Jersey Public Question 1, Sports Betting on State College Athletics Amendment (2021)
| New Jersey Public Question 1 | |
|---|---|
 | |
| Election date November 2, 2021 | |
| Topic Gambling | |
Status Defeated | |
| Type Constitutional amendment | Origin State legislature |
| 2021 measures |
|---|
| November 2 |
| New Jersey Public Question 1 |
New Jersey Public Question 2  |
| Polls |
| Voter guides |
| Campaign finance |
| Signature costs |
New Jersey Public Question 1, the Sports Betting on State College Athletics Amendment, was on the ballot in New Jersey as a legislatively referred constitutional amendment on November 2, 2021. It was defeated.
A "yes" vote supported this constitutional amendment to allow wagering on college sport competitions. |
A "no" vote opposed this constitutional amendment, thus continuing to prohibit wagering on college sport competitions held in N.J. or involving a N.J.-based college team. |
Election results
|
New Jersey Public Question 1 |
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|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 909,467 | 42.99% | ||
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1,206,011 | 57.01% | ||
Overview
What would Public Question 1 have changed about sports betting in New Jersey?
Public Question 1 would have allowed wagering on college sport competitions. As of 2021, the state constitution permitted sports betting except on games held in N.J. and on games featuring N.J.-based college teams. Therefore, the ballot measure would have expanded sports betting to include all college sport competitions.[1]
Is sports betting on in-state college teams legal in other states?
- See also: Background
As of July 2021, sports betting was legal, or laws to legalize had been approved, in 30 states and D.C. In New Jersey, sports betting was legalized via Public Question 1 in 2011 but, due to federal law, was not implemented until after the U.S. Supreme Court's ruling in Murphy v. NCAA. While Public Question 1 permitted sports betting in New Jersey, the constitutional amendment prohibited wagering on college games that take place in New Jersey or games that involve N.J.-based college teams.
Of the 30 states with sports betting, 17 allowed betting on in-state college sports. In the Mid-Atlantic, Maryland and Pennsylvania permitted betting on in-state college sports. Besides New Jersey, in-state college sports betting was not permitted in the neighboring states of Delaware and New York.
Text of measure
The ballot title was as follows:[1]
| “ |
CONSTITUTIONAL AMENDMENT TO PERMIT WAGERING ON ALL COLLEGE SPORT OR ATHLETIC EVENTS Do you approve amending the Constitution to permit wagering through casinos and current or former horse racetracks on all college sport or athletic events? Currently, wagering is prohibited on college sport or athletic events that take place in New Jersey. Wagering is also prohibited on an event in which a team from a New Jersey college participates.[2] |
” |
Ballot summary
The ballot summary was as follows:[1]
| “ |
Currently, the State Constitution prohibits wagering on college sport or athletic events taking place in New Jersey. It also prohibits wagering on an event in which a New Jersey college team participates. This amendment would allow the Legislature to pass laws permitting wagering on any college sport or athletic event. It would permit wagering even if a New Jersey college team participates in the competition. Such wagering would be permitted only through casinos and current or former horse racetracks.[2] |
” |
Constitutional changes
- See also: Article IV, New Jersey Constitution
The ballot measure would have amended Section VII, Paragraph 2, Subparagraph (D) and Subparagraph (F) of Article IV of the New Jersey Constitution. The following underlined text would have been added, and struck-through text would have been deleted:[1]
Note: Hover over the text and scroll to see the full text.
D. It shall be lawful for the Legislature to authorize by law the establishment and operation, under regulation and control by the State, of gambling houses or casinos within the boundaries, as heretofore established, of the city of Atlantic City, county of Atlantic, and to license and tax such operations and equipment used in connection therewith. Any law authorizing the establishment and operation of such gambling establishments shall provide for the State revenues derived therefrom to be applied solely for the purpose of providing funding for reductions in property taxes, rental, telephone, gas, electric, and municipal utilities charges of eligible senior citizens and disabled residents of the State, and for additional or expanded health services or benefits or transportation services or benefits to eligible senior citizens and disabled residents, in accordance with such formulae as the Legislature shall by law provide. The type and number of such casinos or gambling houses and of the gambling games which may be conducted in any such establishment shall be determined by or pursuant to the terms of the law authorizing the establishment and operation thereof.
It shall also be lawful for the Legislature to authorize by law wagering at casinos or gambling houses in Atlantic City on the results of any professional, college, or amateur sport or athletic event, except that wagering shall not be permitted on a college sport or athletic event that takes place in New Jersey or on a sport or athletic event in which any New Jersey college team participates regardless of where the event takes place.
...
F. It shall be lawful for the Legislature to authorize, by law, the specific kind, restrictions and control of wagering on the results of live or simulcast running and harness horse races conducted within or outside of this State. The State's share of revenues derived therefrom shall be used for such purposes as shall be provided by law.
It shall also be lawful for the Legislature to authorize by law wagering at current or former running and harness horse racetracks in this State on the results of any professional, college, or amateur sport or athletic event, except that wagering shall not be permitted on a college sport or athletic event that takes place in New Jersey or on a sport or athletic event in which any New Jersey college team participates regardless of where the event takes place.
[2]
Readability score
- See also: Ballot measure readability scores, 2021
| 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 Legislature wrote the ballot language for this measure.
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Support
Supporters
Officials
- State Sen. Vin Gopal (D)
- State Sen. Paul Sarlo (D)
- State Asm. Ronald Dancer (R)
- State Asm. Joann Downey (D)
- State Asm. Eric Houghtaling (D)
- State Asm. Carol Murphy (D)
Arguments
Opposition
If you are aware of any opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.
Campaign finance
If you are aware of any committees registered to support or oppose the measure, please send an email with a link to editor@ballotpedia.org.[3]
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Total | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Polls
- See also: 2021 ballot measure polls
| New Jersey Public Question 1, Sports Betting on State College Athletics Amendment (2021) | |||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Poll | Support | Oppose | Undecided | Margin of error | Sample size | ||||||||||||||
| FDU Poll (registered voters) 6/9/2021 - 6/16/2021 | 25.0% | 49.0% | 26.0% | +/-3.46 | 803 | ||||||||||||||
| 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. | |||||||||||||||||||
Descriptions
Between June 9 and June 16, 2021, the FDU Poll surveyed 803 registered voters, asking them "Should betting on college sports be allowed?" Overall, 25% of respondents answered "Should be allowed," 49% answered "Should continue to be banned," and 25% answered "Not sure" or "Don’t Know/Refused."[4]
Background
In-state college sports betting by state
As of July 2021, sports betting was legal, or laws to legalize had been approved, in 30 states and D.C. Of those 30 states, 17 allowed betting on in-state college sports. In the Mid-Atlantic, Maryland and Pennsylvania permitted betting on in-state college sports.
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.[5]
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.[6]
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.[6]
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.[6]
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.[6]
Referred amendments on the ballot
From 1995 through 2020, the state legislature referred 35 constitutional amendments to the ballot. Voters approved 32 and rejected three of the referred amendments. The average number of amendments appearing on the ballot during an odd-numbered election year was around one. The approval rate at the ballot box was 91.4 percent during the 25-year period from 1995 through 2020. The rejection rate was 8.6 percent.
| Legislatively-referred constitutional amendments, 1995-2020 | ||||||||
|---|---|---|---|---|---|---|---|---|
| Total number | Approved | Percent approved | Defeated | Percent defeated | Odd-year average | Odd-year median | Odd-year minimum | Odd-year maximum |
| 35 | 32 | 91.43% | 3 | 8.57% | 1.23 | 1.00 | 0 | 3 |
Path to the ballot
- See also: Amending the New Jersey Constitution
Amending the New Jersey Constitution
- See also: Amending the New Jersey Constitution
In New Jersey, there are two avenues for the state Legislature to refer a constitutional amendment to the ballot. First, the legislature can refer an amendment to the ballot through a 60 percent vote of both chambers during one legislative session. Second, the legislature can refer an amendment through a simple majority vote (50%+1) in each legislative chamber during two successive legislative sessions. The governor's signature is not needed to place a constitutional amendment on the ballot.
Amendment in the state Legislature
The ballot measure was introduced into the New Jersey State Legislature as Senate Concurrent Resolution 133 (SCR 133) on October 19, 2020. The New Jersey Senate voted 36-1 to approve SCR 133 on June 3, 2021. The New Jersey General Assembly 70-4 to approve SCR 133 on June 24, 2021. Since SCR 133 received more than 60 percent of the vote in each chamber of the legislature, the proposal was referred to the ballot for November 2, 2021.[1]
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How to cast a vote
- See also: Voting in New Jersey
Click "Show" to learn more about voter registration, identification requirements, and poll times in New Jersey.
| How to cast a vote in New Jersey | |||||
|---|---|---|---|---|---|
Poll timesIn New Jersey, all polls are open from 6:00 a.m. to 8:00 p.m. Eastern Time. An individual who is in line at the time polls close must be allowed to vote.[7] Registration
To register to vote in New Jersey, each applicant must be a citizen of the United States and a resident of the county in which they are registering for at least 30 days prior to the election. Seventeen-year-olds may register to vote, although they may not vote until they have turned 18. Individuals serving a felony sentence or on probation or parole because of a felony may not register to vote.[8] The voter registration deadline is 21 days before the next election. Registration applications can be downloaded from the state website and mailed to the county commissioner of registration or superintendent of elections.[8] Registration applications are also available at various county offices and state agencies, such as the Division of Elections and Division of Motor Vehicle offices.[9] Automatic registrationNew Jersey enacted automatic voter registration in 2018.[10] Online registration
New Jersey has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registrationNew Jersey does not allow same-day voter registration. Residency requirementsIn order to register to vote in New Jersey, applicants must be a resident of the county in which they are registering for at least 30 days prior to the election.[11] Verification of citizenshipNew Jersey does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, a false or fraudulent registration may result in a "fine of up to $15,000, imprisonment up to 5 years, or both pursuant to R.S. 19:34-1."[12] All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment.[13] Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registrationThe New Jersey Secretary of State’s Office allows residents to check their voter registration status online by visiting this website. Voter ID requirementsNew Jersey does not require voters to present identification while voting, in most cases. However, if a voter does not provide valid identification at the time of registration, he or she must show identification at the polling place.[14] Voters can present the following forms of identification:
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See also
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 New Jersey State Legislature, "Senate Concurrent Resolution 133," accessed June 6, 2021
- ↑ 2.0 2.1 2.2 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 - ↑ New Jersey Election Law Enforcement, "Committees," accessed June 22, 2021
- ↑ FDU Poll, "FDU Poll: New Jersey voters don’t want betting on college sports," July 8, 2021
- ↑ USA Today, "Supreme Court strikes down ban on sports betting in victory for New Jersey," May 14, 2018
- ↑ 6.0 6.1 6.2 6.3 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. August 9, 2016
- ↑ New Jersey Department of State, “Election laws - NJSA - 19:15-2,” accessed August 22, 2024
- ↑ 8.0 8.1 New Jersey Division of Elections, “Register to Vote!” accessed August 22, 2024
- ↑ New Jersey Division of Elections, “Where to Register in Person,” accessed August 22, 2024
- ↑ New Jersey Legislature, “Assembly Committee Substitute for Assembly, No. 2014,” April 13, 2018
- ↑ New Jersey Department of State, "Voter registration FAQ," accessed August 22, 2024
- ↑ New Jersey Voter Information Portal, "New Jersey 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."
- ↑ New Jersey Department of State, "Frequently Asked Questions," accessed August 22, 2024
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