Sep 15, 2008 6:49 pm US/Eastern
Court Turns Back Challenge To Slots Referendum
ANNAPOLIS, Md. (WJZ/AP) ―
Maryland's highest court rejected a legal challenge to a referendum on slot machines Monday, ending an effort by slots opponents to rewrite a ballot question they called misleading.
Pat Warren reports just hours after hearing arguments in the case, the Court of Appeals issued a one-page order affirming a lower court decision that resulted in a minor change to the ballot question. The order noted that a majority of the judges concurred, meaning the decision was not unanimous.
"We appreciate the speed with which the Court of Appeals resolved the issue," said assistant attorney general Austin C. Schlick, who argued for the state. "We hope that this will be the last of the challenges to the people's right to vote on the proposed constitutional amendment, and we hope that all parties can now turn to discussing the issue and informing the people about their respective positions."
If approved, the amendment would authorize a total of 15,000 slot machines at five locations around Maryland. Echoing language in the proposed amendment, the ballot question says voters would be authorizing slots "for the primary purpose of raising revenue for education."
As initially written by Secretary of State John P. McDonough, the ballot question omitted the word "primary," saying only that the purpose of slots would be to raise revenue for education.
A panel of three Circuit Court judges last week found that ballot language misleading and ordered the word "primary" inserted. Slots opponents said that remedy didn't go far enough and took their case to the Court of Appeals, which was under pressure to rule quickly with seven weeks before the election.
Central to the argument of slots opponents was that approval of the referendum would trigger detailed companion legislation. That bill designates several beneficiaries for slots revenue, including the racing industry, slots operators, the state lottery agency, and women- and minority-owned businesses.
Education would get about half the money not returned to gamblers. Irwin R. Kramer, an attorney for slots opponents, said he was "surprised and disappointed" by the court's decision, although he was heartened to learn that it was not unanimous.
"I'm very concerned that a decision of this kind invites more legislative strategies to turn a bait-and-switch on the voter," Kramer said.
"It underscores the need for all voters to question what the government is telling us, even when they're telling it to us on the ballot that we're asked to vote on."
Slots have long been the subject of heated debate in Annapolis. Bills to authorize the machines -- which are legal in Delaware, Pennsylvania and West Virginia -- failed several years running before the legislature decided to punt the issue to voters during a special session last fall. Lawmakers also approved $1.4 billion in tax increases during that session to address lingering budget deficits.
State budget analysts have estimated that annual slots revenue could ultimately reach more than $600 million, but opponents dispute that figure and say the revenue would not offset the social ills that accompany expanded gambling. They also point to a Department of Legislative Services analysis that found slots revenue, while establishing a protected fund for education, would not increase the number of dollars going to public schools.
Slots supporters, including Democratic Gov. Martin O'Malley, say the referendum would help the state avoid another painful round of budget cuts and tax increases at a time when revenues are declining.
A recent poll showed that likely voters supported the referendum by a margin of 49 percent to 43 percent.
(© 2008 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
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