New Jersey Support for Veterans' Organizations from Gambling Proceeds Amendment, Public Question 1 (2013)

Public Question 1
Type	Constitutional amendment
Origin	New Jersey State Legislature
Topic	Veterans
Status	Approved a

The New Jersey Support for Veterans' Organizations from Gambling Proceeds Amendment, Public Question 1, was on the November 5, 2013 ballot in the state of New Jersey as a legislatively referred constitutional amendment. It was approved.

The measure allowed veterans’ organizations to use money collected from existing games of chance, such as bingo, raffles and lotteries, to support their organizations.

Excluding an exemption for senior citizen groups, which may use the money for their own benefit, the constitution, prior to Public Question 1, allowed proceeds from games of chance to be used only for educational, charitable, patriotic, religious or public-spirited purposes.

The measure was sponsored by Sen. Christopher Bateman (R-16) in the legislature as Senate Concurrent Resolution 11. The bill was referred to the ballot after unanimous votes in both houses. The final vote was on June 20, 2013.

Election results

Below are the official election results:

Public Question 1
Result		Votes	Percentage
a Yes		1,372,178	81.29%
No		315,867	18.71%

These results are from the New Jersey Department of State.

Background

Public Question 1 was one of two measures on the New Jersey 2013 ballot. Both measures were legislatively referred constitutional amendments. Veteran issues last appeared on the ballot in 1999 when voters approved property tax deductions for veterans.

The topic of gambling and gambling funds, however, has appeared on the ballot at least three times in New Jersey.

• New Jersey Sports Betting Amendment, Public Question 1 (2011)
• New Jersey Question 3, No Lottery Funds to go to Prisons (1999)
• New Jersey Horse Race Gambling Amendment, Question 2 (1998)

In 2012, according to monthly revenue reports by the Division of Gaming Enforcement, New Jersey's gross revenue from gaming was $127,175,057. In 2011, state gaming revenue was $142,979,656.

Text of measure

Ballot language

The official ballot language read as follows:

“

Constitutional Amendment to Permit Money from Existing Games of Chance to Support Veterans’ Organizations Do you approve amending the Constitution to allow veterans’ organizations to use money collected from existing games of chance to support their organizations? Yes No

”

Interpretive statement

The interpretive statement of the measure read:

“

Interpretive statement This amendment to the Constitution would allow veterans’ organizations to use the money collected from existing games of chance (such as bingo, lotto or raffles) to support their organizations. At present, the Constitution allows this money to be used only for educational, charitable, patriotic, religious or public-spirited purposes. Currently, only senior citizen groups may use the money they collect from existing games of chance to support their groups.

”

Constitutional changes

Public Question 1 amended Article IV, Section VII, paragraph 2.

Note: Hover over the text and scroll to see the full text.

1. The following proposed amendment to the Constitution of the State of New Jersey is agreed to: PROPOSED AMENDMENT

Amend Article IV, Section VII, paragraph 2 to read as follows:

2. No gambling of any kind shall be authorized by the Legislature unless the specific kind, restrictions and control thereof have been heretofore submitted to, and authorized by a majority of the votes cast by, the people at a special election or shall hereafter be submitted to, and authorized by a majority of the votes cast thereon by, the legally qualified voters of the State voting at a general election, except that, without any such submission or authorization:

A. It shall be lawful for bona fide veterans, charitable, educational, religious or fraternal organizations, civic and service clubs, senior citizen associations or clubs, volunteer fire companies and first-aid or rescue squads to conduct, under such restrictions and control as shall from time to time be prescribed by the Legislature by law, games of chance of, and restricted to, the selling of rights to participate, the awarding of prizes, in the specific kind of game of chance sometimes known as bingo or lotto, played with cards bearing numbers or other designations, 5 or more in one line, the holder covering numbers as objects, similarly numbered, are drawn from a receptacle and the game being won by the person who first covers a previously designated arrangement of numbers on such a card, when the entire net proceeds of such games of chance are to be devoted to educational, charitable, patriotic, religious or public-spirited uses, and in the case of bona fide veterans’ organizations and senior citizen associations or clubs to the support of such organizations, in any municipality, in which a majority of the qualified voters, voting thereon, at a general or special election as the submission thereof shall be prescribed by the Legislature by law, shall authorize the conduct of such games of chance therein;

B. It shall be lawful for the Legislature to authorize, by law, bona fide veterans, charitable, educational, religious or fraternal organizations, civic and service clubs, senior citizen associations or clubs, volunteer fire companies and first-aid or rescue squads to conduct games of chance of, and restricted to, the selling of rights to participate, and the awarding of prizes, in the specific kinds of games of chance sometimes known as raffles, conducted by the drawing for prizes or by the allotment of prizes by chance, when the entire net proceeds of such games of chance are to be devoted to educational, charitable, patriotic, religious or public-spirited uses, and in the case of bona fide veterans’ organizations and senior citizen associations or clubs to the support of such organizations, in any municipality, in which such law shall be adopted by a majority of the qualified voters, voting thereon, at a general or special election as the submission thereof shall be prescribed by law and for the Legislature, from time to time, to restrict and control, by law, the conduct of such games of chance;

C. It shall be lawful for the Legislature to authorize the conduct of State lotteries restricted to the selling of rights to participate therein and the awarding of prizes by drawings when the entire net proceeds of any such lottery shall be for State institutions and State aid for education; provided, however, that it shall not be competent for the Legislature to borrow, appropriate or use, under any pretense whatsoever, lottery net proceeds for the confinement, housing, supervision or treatment of, or education programs for, adult criminal offenders or juveniles adjudged delinquent or for the construction, staffing, support, maintenance or operation of an adult or juvenile correctional facility or institution;

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;

E. It shall be lawful for the Legislature to authorize, by law, (1) the simultaneous transmission by picture of running and harness horse races conducted at racetracks located within or outside of this State, or both, to gambling houses or casinos in the city of Atlantic City and (2) the specific kind, restrictions and control of wagering at those gambling establishments on the results of those races. The State's share of revenues derived therefrom shall be applied for services to benefit eligible senior citizens as shall be provided by law; and

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.

(cf: Art. IV, Sec. VII, par. 2 amended effective December 2, 1999)¹

¹ 1.The following proposed amendment to the Constitution of the State of New Jersey is agreed to:

PROPOSED AMENDMENT

Amend Article IV, Section VII, paragraph 2 to read as follows:

2. No gambling of any kind shall be authorized by the Legislature unless the specific kind, restrictions and control thereof have been heretofore submitted to, and authorized by a majority of the votes cast by, the people at a special election or shall hereafter be submitted to, and authorized by a majority of the votes cast thereon by, the legally qualified voters of the State voting at a general election, except that, without any such submission or authorization:

A. It shall be lawful for bona fide veterans, charitable, educational, religious or fraternal organizations, civic and service clubs, senior citizen associations or clubs, volunteer fire companies and first-aid or rescue squads to conduct, under such restrictions and control as shall from time to time be prescribed by the Legislature by law, games of chance of, and restricted to, the selling of rights to participate, the awarding of prizes, in the specific kind of game of chance sometimes known as bingo or lotto, played with cards bearing numbers or other designations, 5 or more in one line, the holder covering numbers as objects, similarly numbered, are drawn from a receptacle and the game being won by the person who first covers a previously designated arrangement of numbers on such a card, when the entire net proceeds of such games of chance are to be devoted to educational, charitable, patriotic, religious or public-spirited uses, and in the case of bona fide veterans’ organizations and senior citizen associations or clubs to the support of such organizations, in any municipality, in which a majority of the qualified voters, voting thereon, at a general or special election as the submission thereof shall be prescribed by the Legislature by law, shall authorize the conduct of such games of chance therein;

B. It shall be lawful for the Legislature to authorize, by law, bona fide veterans, charitable, educational, religious or fraternal organizations, civic and service clubs, senior citizen associations or clubs, volunteer fire companies and first-aid or rescue squads to conduct games of chance of, and restricted to, the selling of rights to participate, and the awarding of prizes, in the specific kinds of games of chance sometimes known as raffles, conducted by the drawing for prizes or by the allotment of prizes by chance, when the entire net proceeds of such games of chance are to be devoted to educational, charitable, patriotic, religious or public-spirited uses, and in the case of bona fide veterans’ organizations and senior citizen associations or clubs to the support of such organizations, in any municipality, in which such law shall be adopted by a majority of the qualified voters, voting thereon, at a general or special election as the submission thereof shall be prescribed by law and for the Legislature, from time to time, to restrict and control, by law, the conduct of such games of chance;

C. It shall be lawful for the Legislature to authorize the conduct of State lotteries restricted to the selling of rights to participate therein and the awarding of prizes by drawings when the entire net proceeds of any such lottery shall be for State institutions and State aid for education; provided, however, that it shall not be competent for the Legislature to borrow, appropriate or use, under any pretense whatsoever, lottery net proceeds for the confinement, housing, supervision or treatment of, or education programs for, adult criminal offenders or juveniles adjudged delinquent or for the construction, staffing, support, maintenance or operation of an adult or juvenile correctional facility or institution;

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;

E. It shall be lawful for the Legislature to authorize, by law, (1) the simultaneous transmission by picture of running and harness horse races conducted at racetracks located within or outside of this State, or both, to gambling houses or casinos in the city of Atlantic City and (2) the specific kind, restrictions and control of wagering at those gambling establishments on the results of those races. The State's share of revenues derived therefrom shall be applied for services to benefit eligible senior citizens as shall be provided by law; and

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.*

(cf: Art. IV, Sec. VII, para. 2 amended effective December 8, 2011)

Support

Supporters

The amendment received unanimous approval from the legislature. It was sponsored by Senators Christopher Bateman (R-16), Dawn Addiego (R-8), James Beach (D-6) and Assemblymen Craig Coughlin (D-19), Cleopatra Tucker (D-28), Troy Singleton (D-7), Gilbert Wilson (D-5) and Herb Conaway (D-7).

The bill was co-sponsored by Senators:

• Samuel Thompson (R-12)
• Michael Doherty (R-23)
• Fred Madden (D-4)
• Diane Allen (R-7)
• Gerald Cardinale (R-39)
• Christopher Connors (R-9)
• Steven Oroho (R-24)
• Nicholas Scutari (D-22)
• Brian Stack (D-33)
• Loretta Weinberg (D-37)

And co-sponsored by the following Assemblymen:

• Scott Rudder (R-8)
• Christopher Brown (R-8)
• Chris Brown (R-2)
• John Amodeo (R-2)
• Wayne DeAngelo (D-14)
• John Wisniewski (D-19)
• Alison McHose (R-24)
• Gordon Johnson (D-37)
• Erik Peterson (R-23)
• Anthony Bucco (R-25)
• Parker Space (R-24)
• Donna Simon (R-16)
• Thomas Giblin (D-34)
• Timothy Eustace (D-38)
• Connie Wagner (D-38)
• DiAnne Gove (R-9)
• Brian Rumpf (R-9)
• Jack Ciattarelli (R-16)
• John DiMaio (R-23)
• Patrick Diegnan (D-18)

Arguments

• Assemblyman Vincent Prieto (D-32), sponsor of the measure's companion bill, said, "Cost increases in electric, gas, oil and other utilities support the need for this provision. These proceeds can help these organizations better balance their expenses and focus their energies on helping our veterans, instead of worrying about how they will be able to afford them."

• Assemblywoman Angelica M. Jimenez (D-32) said, "Many veterans' organizations must deal with increased living expenses amid dwindling donations and membership fees. We already offer this courtesy to senior citizen associations and clubs. I don't see why we can't extend it to these groups who assist veterans in need."

New Jersey November 5, 2013 voter guide.

• Assemblyman Craig J. Coughlin (D-19), a co-sponsor of the measure, said, "Many people today must supplement their income in order to make ends meet, and these organizations are no exception. "I hope the people of New Jersey will allow this tweak to the state constitution so we can help support these veteran groups stay afloat."
• Robert McNulty, of the New Jersey Council of the Vietnam Veterans of America, said that because of the current limits on how to use gambling proceeds, "We can't pay for insurance. We can't do building repairs or maintenance or upgrades. We can't do utilities. So we have to raise additional funds to pay our utilities, to pay our insurance, to do our maintenance and upkeep and so forth."
• Sen. Dawn Addiego said, "If a veterans association has to shut its doors because they can no longer pay their electric bill or afford the basic costs of their facilities, they won’t be able to continue to provide the invaluable services that their community has come to depend upon."
• Assemblywoman Valerie Vainieri Huttle (D-37) said, "I'm in favor of this Constitutional amendment. These organizations will be able to continue programs and their vital contributions to the community. We also have new veterans from Iraq and Desert Storm who could use a support system."
• Assemblyman Gordon M. Johnson (D-37) said, "I fully support this. It allows them to keep their halls and buildings in order."
• "Reasons to Vote Yes" as stated in the League of Women Voters description of the Public Question 1:

“

Veterans' groups perform a valuable service. This amendment provides them with an additional source of revenue to support their organizations. Some veterans' groups might not be able to continue serving their members without this additional source of revenue to cover increasing expenses such as rent and utilities.

”

Opposition

Public Question 1 was unanimously referred to the ballot by the New Jersey State Legislature. The bill was unanimously approved and received zero "no" votes.

• "Reasons to Vote No" as stated in the League of Women Voters description of the Public Question 1:

“

There are many worthwhile organizations other than veterans' and senior citizen groups. This amendment provides veterans' groups with an option not available to some other groups. There are serious downsides to gambling, including addiction. Veterans' organizations could find less socially-risky sources to procure additional funds.

”

Media endorsements

See also: Endorsements of New Jersey ballot measures, 2013

Support

• The Times of Trenton said, "Veterans groups say that without access to some of the funds they raise for essential repairs and rising costs, the aging facilities may be forced to close. And that would be a real shame because the veterans organizations are about much more than beef-and-beers. Chances are you’ve attended a reception at a VFW or American Legion post. They’re comfortable places for veterans to congregate, swap stories and perhaps let down the façade of a warrior enough to talk about problems of civilian life. The posts and halls are fixtures in the heart of many communities throughout New Jersey. Members arrange patriotic events such as parades and welcome-home ceremonies for returning troops. They also contribute in quieter ways — sponsoring scholarships, supporting homes for veterans, reminding us by their very presence that American men and women in uniform are dying in a war that the country seems to have forgotten about."

• The Press of Atlantic City said, "The Press urges a 'yes' vote on Public Question No. 1. But that's only because 'Huh? Of course' is not one of the options on the ballot. This passage of the constitution is more than a little arcane...We suspect the authors of this passage - which became part of the constitution in the 1950s - were worried about such groups becoming, in effect, mini casinos producing revenue for the organizations. But if senior-citizen groups and veterans organizations (assuming Public Question No. 1 is approved) can use the proceeds from games of chance to support their organizations, why shouldn't volunteer fire companies or any of the other groups authorized to conduct raffles, bingo and lotto games be able to do the same thing?"

• New Jersey Hills newspapers said, "This bill would allow posts to tap into a new source of revenue to cover their bills. It’s the least we can do for the men and women who have put their lives on the line for us."

• Courier-Post said, "If voters approve Public Question No. 1, such groups would be able to use the proceeds from their gaming events to pay their bills — a privilege already granted to seniors associations. There is absolutely no reason to deny veterans organizations the same ability to support themselves."

• The Star-Ledger said, "Twenty-five American Legion posts have disbanded in New Jersey over the past five years. Fifteen VFW posts have closed this year alone — victims of shrinking membership, as veterans of World War II and Korea die at a rate of hundreds every day nationally. Many posts fade away because their dwindling numbers can’t afford the upkeep on old buildings. Without dues-paying members, some need help just to cover monthly bills. Voters can help by voting “yes” on Ballot Question No. 1 in tomorrow’s election."

• The Asbury Park Press said, "Public Question No. 1 on the ballot Tuesday is a simple enough question: 'Do you approve amending the Constitution to allow veterans’ organizations to use money collected from existing games of chance to support their organizations?' The answer should be a no-brainer: 'Yes.' There are no good reasons to vote against this public question. It would allow veterans’ organizations to use the money collected from existing games of chance such as bingo, lotto or raffles to support their organizations."

Path to the ballot

See also: Amending the New Jersey Constitution

In New Jersey the state legislature must approve a proposed amendment by a supermajority vote of 60% but the same amendment can also qualify for the ballot if successive sessions of the New Jersey State Legislature approve it by a simple majority.

SCR 11, also known as Public Question 1, was referred to the ballot after unanimous votes in both houses. On May 13, 2013, the New Jersey State Senate voted 38 to 0 in approval of the measure, sending it to the General Assembly. On June 20, 2013, the New Jersey General Assembly voted 75 to 0 for placing the measure on the 2013 fall general election ballot.

New Jersey Public Question 1, SCR 11 Senate Vote
Result		Votes	Percentage
a Yes		38	100%
No		0	0%

New Jersey Public Question 1, SCR 11 Assembly Vote
Result		Votes	Percentage
a Yes		75	100%
No		0	0%

See also

Suggest a link

• 2013 ballot measures
• New Jersey 2013 ballot measures
• Gambling on the ballot
• Veterans on the ballot

External links

• SCR 11 (text)
• New Jersey Official Public Question 1: English, Spanish, Korean
• New Jersey Certification of Public Questions
• League of Women Voters of New Jersey Education Fund - Public Question #1

Additional reading

• The Star-Ledger, "Ballot question #1 would allow bingo and raffle money to help veterans' groups," November 3, 2013
• The Daily Telegram, "Veteran organizations push to benefit from games of chance," October 29, 2013
• NJ105.com, "New Jersey’s Ballot Questions," October 28, 2013