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Maryland Question 2, Sports Betting Measure (2020)

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Maryland Question 2
Flag of Maryland.png
Election date
November 3, 2020
Topic
Gambling
Status
Approveda Approved
Type
State statute
Origin
State legislature


Maryland Question 2, the Sports Betting Expansion Measure, was on the ballot in Maryland as a legislatively referred state statute on November 3, 2020.[1] It was approved.

A "yes" vote supports authorizing sports and events wagering at certain licensed facilities with state revenue intended to fund public education.

A "no" vote opposes authorizing sports and events wagering at certain licensed facilities.


The Maryland Constitution requires that the Maryland General Assembly submit laws expanding commercial wagering to a referendum at a general election. One legislatively referred state statute appeared on Maryland ballots between 1996 and 2018, and it was approved.[2]

Election results

Maryland Question 2

Result Votes Percentage

Approved Yes

1,904,098 67.07%
No 934,950 32.93%
Results are officially certified.
Source


Overview

What did Question 2 do?

See also: Text of measure

Question 2 authorized sports and events wagering at certain licensed facilities. The state revenue generated by such activities is required to be primarily dedicated to funding public education. The measure also authorized the Maryland Department of Transportation, the State Lottery and Gaming Control Commission, and the Maryland Attorney General to contract with a panel of experts to review the “Business Disparities in the Maryland Market Area” study completed in 2017 and determine whether remedial measures need to be taken for minorities and women in the commercial gaming industry.[1]

At the time of the election, the Maryland Constitution required the legislature to submit a referendum to voters in order to expand sports betting. At the time of the election, Maryland was the single state that explicitly allows fantasy sports betting.[3]

Do other states allow sports and events betting?

See also:States with sports betting

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 if they wish. As of October 2020, 22 states had passed laws legalizing sports betting. Voters in Arkansas and Colorado approved statewide ballot measures authorizing sports betting. The 20 other states approved sports betting through the legislative process.[4]

South Dakota voters a legislatively referred constitutional amendment in November that sports betting within the city limits of Deadwood, South Dakota.

Aftermath

During the 2021 legislative session, the Maryland State Legislature passed and Governor Larry Hogan (R) signed a bill to implement sports betting in the state. The law permits sportsbooks to be operated at the state's professional sports stadiums, horse race tracks, state fairgrounds, minor league stadiums, and sports bars. The law establishes a regulatory commission that would issue and regulate the entities offering sports betting.[5]

Text of measure

Ballot question

The ballot question was as follows:[6]

Do you approve the expansion of commercial gaming in the State of Maryland to authorize sports and events betting for the primary purpose of raising revenue for education?



[ ] For the Referred Law

[ ] Against the Referred Law[7]

Full text

The full text of the measure can be read below:[1]

Ballot summary

The following ballot summary was published on the Maryland Secretary of State's website:[8]

If the voters statewide approve this referendum, Chapter 492 of the Acts of the General Assembly of 2020 will authorize the General Assembly to pass a law allowing the State Lottery and Gaming Control Commission to issue licenses to offer betting in the State on sports and other competitive events. Such a law must specify (1) who is eligible to apply for a license to operate sports and event betting; (2) what forms of betting are allowed; (3) how betting must be conducted; and (4) where an individual can place a bet.

Chapter 492 also provides that State revenues generated by sports and event betting must be used primarily for funding public education.

Article XIX of the Maryland Constitution, approved by the voters at the November 2008 general election, authorized commercial gaming by the operation of video lottery terminals, also known as slot machines, at multiple locations in the State. Article XIX also requires that additional forms or an expansion of commercial gaming in the State, such as the legalization of sports and event betting, be approved by referendum in a general election.

Betting on sports in most states was illegal under federal law until the United States Supreme Court ruled in 2018 that the federal law was unconstitutional. As a result, states are free to authorize sports betting. Under current Maryland law, betting on sports is illegal.

Sports and event betting is a gambling activity in which an individual places a bet on the results of a sporting event or a particular play or action during a sporting event. Sports and event betting can also extend to non–athletic events, such as reality television competitions or entertainment awards shows.[7]

Readability score

See also: Ballot measure readability scores, 2020
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 state legislature wrote the ballot language for this measure.


The FKGL for the ballot title is grade level 15, and the FRE is 17. The word count for the ballot title is 65, and the estimated reading time is 17 seconds. The FKGL for the ballot summary is grade level 9, and the FRE is 48. The word count for the ballot summary is 271, and the estimated reading time is 1 minute and 12 seconds.


Support

Vote Yes on 2 campaign logo

Vote Yes on 2 led the campaign in support of Question 2.[9]

Supporters

Officials

Arguments

  • Maryland State Senator Craig Zucker (D): "It gives us another opportunity to invest in Maryland’s future with capturing some of those revenues. ... There are Marylanders that are doing this in the dark market, so we want to bring them out to do it legally."
  • DraftKings, a fantasy sports contest and sports betting operator: "Sports fans in Maryland are ready — and waiting — to bet on sports legally. Legalizing sports betting will allow for a customer-centric experience and shut down illegal sites that offer no consumer protections. It will also keep money in Maryland that’s currently going to legal markets in neighboring states."
  • Governor Larry Hogan (R): "Question 2 provides a critical revenue source for public education without raising taxes on families and businesses. This initiative builds on the very successful ‘Hogan Lockbox,’ which puts casino revenues in a lockbox dedicated to education. We are already funding our K-12 schools at record levels, and this is another way to ensure that is the case for years to come."

Campaign advertisements

The following video was released by Vote Yes on 2:[10]

Title: "A Win for Maryland Education: Vote Yes on 2"

Opposition

If you are aware of any opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.

Opponents

Officials

Arguments

  • Maryland State Representative William Wivell (R): "The legislature has a spending problem, and the amount of revenue that's going to be generated by sports betting is not going to bail them out of that problem. ... I just think at some point we have to set limits on what we're gambling on. We don't have to bet on everything."


Campaign finance

The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through January 20, 2021.


See also: Campaign finance requirements for Maryland ballot measures

Ballotpedia had identified two committees—Fund Our Future, Bet on Maryland's Future Committee, and Vote Yes on Question 2—registered in support of Question 2. Fund Our Future reported over $117,328.72 in contributions. Vote Yes on Question 2 reported $5.3 million in contributions, and Bet on Maryland's Future did not report any contributions.[11]

If you are aware of a committee registered to oppose this measure, please email editor@ballotpedia.org.

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $5,052,471.18 $410,178.16 $5,462,649.34 $5,032,916.32 $5,443,094.48
Oppose $0.00 $0.00 $0.00 $0.00 $0.00
Total $5,052,471.18 $410,178.16 $5,462,649.34 $5,032,916.32 $5,443,094.48

Support

The following chart contains the committees registered in support of Question 2.[11]

Committees in support of Question 2
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Vote Yes on Question 2 $5,000,571.04 $344,749.58 $5,345,320.62 $5,000,496.20 $5,345,245.78
Fund Our Future $51,900.14 $65,428.58 $117,328.72 $32,420.12 $97,848.70
Bet on Maryland's Future Committee $0.00 $0.00 $0.00 $0.00 $0.00
Total $5,052,471.18 $410,178.16 $5,462,649.34 $5,032,916.32 $5,443,094.48

Top donors

The following chart lists the top donors to the committees supporting Question 2:

Donor Cash Contributions In-Kind Contributions Total Contributions
DraftKings $2,250,000.00 $0.00 $2,250,000.00
FanDuel $2,250,000.00 $0.00 $2,250,000.00
BetMGM LLC $509,000.00 $0.00 $509,000.00
Maryland Live! Casino & Hotel $9,000.00 $16,759.00 $25,759.00
Horseshoe Casino Baltimore $12,000.00 $3,000.00 $15,000.00
Maryland Jockey Club $9,000.00 $5,850.00 $14,850.00

Opposition

Ballotpedia did not identify any committees registered in opposition to Question 2.

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Media editorials

See also: 2020 ballot measure media endorsements

Ballotpedia identified the following media editorial boards as taking positions on Question 2. If you are aware of a media editorial board position that is not listed below, please email the editorial link to editor@ballotpedia.org.

Support

  • Capital Gazette Editorial Board: "Maryland Question 2 would expand the state’s gambling business by adding sports betting to the state’s casinos with the state share of revenue intended for public education funding. Sports betting is an inevitability, and given the success of Maryland’s highly regulated casino gambling business, we expect the state to be a competitor nationally. Vote yes on Question 2."
  • The Washington Post Editorial Board: "Marylanders should vote yes on Questions 1 and 2, both of which, if approved, could redound to the benefit of taxpayers. ... Question 2, if approved, would legalize sports betting, already legal in 22 states, including all those bordering Maryland as well as D.C. The regulatory details remain to be worked out in legislation, but the contours are known: The state would license casinos, some racetracks, its fairgrounds and other locations (such as the Washington football team’s stadium) to operate betting venues along with online (largely mobile) platforms. Annual tax revenue, which would be earmarked for public K-12 education, is estimated at $20 million to $40 million — a useful bump at a time when the pandemic has depleted taxes from casino gambling."

Opposition

  • The Baltimore Sun Editorial Board: "Approving Question 2 simply authorizes the state to pass a law that would then work out the details on who would be eligible for a sports and events betting license, what form the gambling would take, and how it would be conducted and where. ... And while it’s not unusual to pass a referendum first and fill in the particulars later, there’s no good reason to do that here. ... There should be more transparency in this process up front before charging ahead. Work out the details, then Marylanders can make an informed decision. Until then, we urge a vote against Question 2."


Polls

See also: Ballotpedia's approach to covering polls and 2020 ballot measure polls

Goucher College conducted a poll of 713 Maryland adults from February 13 to 18, 2020, asking respondents how they would vote on Question 2 if the election were held that day. A second poll of 650 likely Maryland voters was conducted from September 29 to October 1, 2020, by Our Voice Maryland, asking voters how they would vote on Question 2. Results are below.[12][13]

Maryland Question 2, Sports Betting Measure (2020)
Poll Support expanding sports gambling Oppose expanding sports gamblingMargin of errorSample size
Our Voice Maryland poll
9/29-10/1/2020
52%29%+/-4.6650
Goucher College poll
2/13/2020-2/18/2020
47%43%+/-3.7713
AVERAGES 49.5% 36% +/-4.15 681.5
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.

Background

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 if they wish.[14]

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.[15]

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.[15]

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.[15]

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.[15]

States with sports betting

As of September 1, 2022, sports betting was legal, or laws to legalize had been approved, in 36 states and D.C. The following map shows the status of sports betting in each state.[16]

Sports betting ballot measures

As of 2021, five of the states to legalize sports betting did so through a ballot measure. All of the ballot measures were approved by voters.

State Year Measure Type 'Yes' Percent 'No' Percent Outcome
New Jersey 2011 Public Question 1 Legislative 63.91% 36.09% Approveda
Arkansas 2018 Issue 4 Initiative 54.10% 45.90% Approveda
Colorado 2019 Proposition DD Legislative 51.41% 48.59% Approveda
Maryland 2020 Question 2 Legislative 67.07% 32.93% Approveda
South Dakota 2020 Amendment B Legislative 58.47% 41.53% Approveda


Ballot measures in Maryland

From 1996 through 2018, 34 measures appeared on the ballot in Maryland. Of that total, 31 measures were approved. Only one legislatively referred state statute appeared on Maryland ballots in that period of time—Question 7 (2012). It was approved with 51.9 percent of the vote.

Path to the ballot

Legislatively referred state statutes

The Maryland Constitution requires that the Maryland General Assembly submit laws expanding commercial wagering to a referendum at a general election. In Maryland, a simple majority vote is needed in each chamber of the Maryland General Assembly to refer a state statute to the ballot for voter consideration. The governor must sign it within 30 days of receiving it, or it will be certified for the ballot without his signature.

Senate Bill 4 (2020)

Question 2 was introduced into the Maryland General Assembly as Senate Bill 4 (SB 4) during the 2020 legislative session. On March 14, 2020, the Maryland House of Representatives voted 129-3 with two not voting and seven absent. On March 18, the Maryland State Senate voted 45-0 with two members absent. Governor Larry Hogan (R) did not sign or veto the bill by the May 7, 2020 deadline. Therefore, the bill was certified for the ballot on May 7 without his signature.[17][18][19]

Vote in the Maryland House of Delegates
March 14, 2020
Requirement: Simple majority vote of all members in each chamber
Number of yes votes required: 71  Approveda
YesNoNot voting
Total12939
Total percent91.49%2.13%6.38%
Democrat9405
Republican3534

Vote in the Maryland State Senate
March 18, 2020
Requirement: Simple majority vote of all members in each chamber
Number of yes votes required: 24  Approveda
YesNoNot voting
Total4502
Total percent95.74%0%4.26%
Democrat3002
Republican1500

How to cast a vote

See also: Voting in Maryland

Click "Show" to learn more about voter registration, identification requirements, and poll times in Maryland.

See also

External links

Footnotes

  1. 1.0 1.1 1.2 Maryland General Assembly, "Senate Bill 4," accessed March 18, 2020
  2. Maryland State Legislature, "Fiscal and Policy Analysis," accessed April 2, 2020
  3. National Conference of State Legislatures, "The Legality of Fantasy Sports," accessed May 15, 2020
  4. USA Today, "Supreme Court strikes down ban on sports betting in victory for New Jersey," May 14, 2018
  5. Action Network, "Maryland Sports Betting Bill Signed Into Law: Here’s What Comes Next," May 18, 2021
  6. Maryland Secretary of State, "2020 State Ballot Questions," accessed August 20, 2020
  7. 7.0 7.1 7.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  8. Maryland Secretary of State, "Ballot Question Summaries," accessed September 30, 2020
  9. Legal Sports Report, "FANDUEL, DRAFTKINGS FUNDING CAMPAIGN FOR MARYLAND SPORTS BETTING," September 15, 2020
  10. YouTube, "‘A Win for Maryland Education: Vote Yes on 2," accessed September 16, 2020
  11. 11.0 11.1 Maryland State Board of Elections, "Campaign Finance Database," accessed March 30, 2020
  12. Goucher College, "Goucher College Poll Results: ," accessed September 16, 2020
  13. Maryland Matters, "Forget the 2020 Election. Here Are Some Early Poll Results on 2022," October 7, 2020
  14. USA Today, "Supreme Court strikes down ban on sports betting in victory for New Jersey," May 14, 2018
  15. 15.0 15.1 15.2 15.3 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
  16. Maryland General Assembly, "SB 4 Overview," accessed March 18, 2020
  17. Maryland State Legislature, "Senate Vote Count," accessed March 30, 2020
  18. Maryland State Legislature, "House Vote Count," accessed March 30, 2020
  19. Maryland State Board of Elections, "Rules and Information for Voters," accessed April 18, 2023
  20. 21.0 21.1 21.2 Maryland State Board of Elections, "Introduction," accessed April 18, 2023
  21. 22.0 22.1 22.2 NCSL, "State Profiles: Elections," accessed August 25, 2024
  22. 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."
  23. Maryland Attorney General, "Voting FAQ," accessed April 13, 2023