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Slots opponents file lawsuit against referendum...

Submitted by admin on Thursday, September 4, 2008 - 01:35

ANNAPOLIS — Opponents of slot machine gambling filed suit Aug. 28 in Anne Arundel County Circuit Court to prohibit state elections officials from certifying the proposed ballot language that the plaintiffs allege is misleading and biased.

The legal challenge intensifies the lengthy battle over expanded gambling in Maryland and opens a new front in the effort to defeat slots. Voters will decide in November whether to approve putting 15,000 slot machines at five locations in Allegany, Anne Arundel, Cecil and Worcester counties and Baltimore city.

Anti-slots advocates have blasted the proposed ballot language drafted last week by Secretary of State John P. McDonough, saying it's crafted to deceive voters into believing slots revenue will go solely toward education.

McDonough, who has taken heat from slots opponents because he is a former lobbyist for Rosecroft Raceway in Prince George's County, said he closely followed legislative mandates in writing the referendum and does not believe the language favors either side of the debate.

Meanwhile, the state elections board on Aug. 28 declined another anti-slots group's request to reject the proposed wording, consider alternate language or seek an attorney general's opinion.

Arceneaux said his group does not plan on joining the lawsuit filed by Owings Mills attorney Irwin R. Kramer on behalf of Meisner and his group, NOcasiNO Maryland, and its co-chairman, Barbara Knickelbein, and Del. Michael D. Smigiel Sr. (R-Dist. 36) of Elkton. But he did not completely rule out being a part of the legal action once all other avenues have been exhausted.

The different approaches by the leading anti-slots organizations will not undermine the opposition's effectiveness, Arceneaux said.

Slots proponents characterized the lawsuit as "anti-democratic" and a frivolous attempt to block voters from settling the issue of slots.

Arceneaux said his group does not want to stop the referendum from taking place, but will exhaust all avenues to modify the language.

"What's going to be on the ballot has to be about trust and people ought to know what they're voting on," he said.

The substitute wording proposed by Arceneaux and rejected by the state elections board adds that the horse racing industry, lottery operations and slots licensees will also benefit from gaming revenues. The current language only mentions education as a recipient of gambling proceeds.

"We feel it doesn't give either side an advantage, but it does give a much fuller picture of what voters are voting on in November," he said.

He said he plans to make another appeal to McDonough within a few days.

The lawsuit boils down to truth in voting, said Kramer, who earlier this year represented a Carroll County businessman and several Republican lawmakers who sought to invalidate the product of last year's special session on procedural constitutional violations.

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