NEW YORK—A challenge to a casino referendum on the Nov. 5 ballot is expected to be decided this week by Supreme Court Justice Richard Platkin, who will decide if a lawsuit against the referendum can go forward, or if the challenge was filed too late.
The suit alleges that the abstract voters will see on the ballot was revised to persuade them to approve Gov. Andrew Cuomo’s expansion of casinos.
There is concern that the Cuomo administration is “putting their finger on the scale,” said Blair Horner of New York Public Interest Research Group (NYPIRG). The group filed a brief with Justice Platkin, expressing concern that the referendum wording is not objective or fact-based.
The lawsuit challenges the referendum Gov. Cuomo needs to authorize his plan for seven new casinos. Language for the Nov. 5 referendum was rewritten by the Cuomo administration and legislative leaders and was approved by the Board of Elections. The board added unusually rosy language that promises jobs, lower taxes, and more school aid—all of which are disputed. None of the drawbacks, such as crime and addiction, are mentioned.
At present, casinos are permitted in the state only on tribal lands. The state has five such casinos, in mostly western and upstate New York, and nine horserace tracks that also have electronic slot machines on-site. Known as ‘racinos’, they are located throughout the state.
In court on Oct. 11, the state sought to dismiss the suit by saying it was filed too late. The deadline for the lawsuit was Aug. 19, while the Board of Elections posted the language for the referendum on Aug. 23, four weeks after the board said it had finalized the wording.
The referendum was rewritten from neutral wording provided by the state attorney general’s office. Referenda are supposed to summarize a law passed by the Legislature to change the constitution.
Brooklyn attorney Eric Snyder, who filed the lawsuit, argued the Board of Elections overstepped its authority to advocate for the referendum in what is supposed to be a just-the-facts account so voters can decide for themselves.
Key Cuomo Initiative
Building casinos has been a key Cuomo initiative to generate revenue and stimulate the economy in depressed regions upstate. The casinos are touted to attract tourism, spur job growth, and generate revenue for the surrounding counties.
If passed, the referendum would allow the state to build four more casinos in the next seven years in the Catskills, near Albany, and along the border with Pennsylvania. At a later date, three more casinos would be allowed to be licensed, with a possible site near New York City.
In May and June, Cuomo struck deals with each of the three native tribes currently operating casinos in the state: the Mohawk, the Seneca, and the Oneida. The agreements will bring the state hundreds of millions of dollars and grant the tribes exclusive territorial gaming rights in their respective regions.
The prospect of expanding gambling in New York has led to a flurry of political spending, both for and against. Gambling interests spent $17.8 million in 2011 and 2012 on lobbying and campaign contributions, reported non-partisan accountability group Common Cause. That is 36 percent more than in the two prior years. Some racetrack slot outfits are seeking casino licenses; some seek to block others from obtaining them.
Cuomo first announced the proposal to amend the state constitution in early 2012. Since then, two Legislatures have passed casino legislation and now New Yorkers statewide must weigh in before the state constitution can be amended.
The Associated Press contributed to this report.
