Tribes Bet Voters Will Say ” Casino Petition Drive Nets 256,000 Signatures

It’s virtually certain Washington voters will have the final say in November on a proposal that would allow Indian tribes to conduct wide-open gambling on their reservations, including slot machines.

Backers of Initiative 651 on Friday submitted an estimated 256,000 signatures on petitions, at least 74,000 more than the number needed to qualify the proposal for the general election ballot.

There was no celebration, however, as backers carted boxes of petitions into Secretary of State Ralph Munro’s office.

Buzz Gutierrez of the Spokane Tribe explained the solemn mood was because campaign chairman John Keiffer lost his left arm over the weekend when it was caught in a piece of farm machinery.

“Out of respect for John, we are waiting until he is back on his feet before we launch the next stage of our campaign,” Gutierrez said.

Gutierrez conceded, however, that the Yes on 651 campaign committee is “broke.”

He said the signature-gathering campaign was a professional and expensive exercise for the tribes.

Russell Lafountaine, manager of the campaign, said the petition drive had cost more than $300,000 and that the sponsoring tribes paid up to $1 a signature - the highest rate ever in Washington - to dozens of signature gatherers.

Initiative 651 would allow Washington Indian tribes to operate all forms of gambling without betting limits or restrictions on hours, size of casinos, number of games or use of “player-activated electronic gaming devices.” That would include slot machines, now banned in the state but operated in defiance of the ban at the Spokane and Colville tribes’ casinos.

Washington voters would get a piece of the action if the initiative were to become law.

Tribes operating under the initiative would pay 10 percent of their net revenues from electronic devices to a fund that would be distributed annually to people who voted in the most recent general election. That could amount to about $100 per voter per year, according to a preliminary estimate by the tribes.

The Spokane, Shoalwater Bay and Puyallup tribes filed the initiative after reaching an impasse with the state Gambling Commission over proposed gambling compacts under the federal Indian Gaming Regulatory Act. The tribes say the state wants to dictate the terms of reservation gambling, not negotiate.

The biggest sticking points have been slot machines and video poker. The state says those devices are illegal and it won’t enter into compacts that include them.

While it appears certain the initiative will make the November ballot, gaining voter approval could be tough.

Attorney General Christine Gregoire earlier released a formal opinion saying the initiative would have to be approved by a 60 percent majority.

Gregoire noted the initiative states that Indian tribes would be allowed to offer unrestricted gambling that involves prizes, considerations and chance. That, Gregoire said, constitutes a lottery as defined by the state constitution, and lotteries are generally prohibited except on a 60 percent affirmative vote.

Scott Crowell, attorney for the Spokane and Shoalwater Bay tribes, conceded a 60 percent majority vote might be needed. But, he said, “we believe the initiative will receive at least a 60 percent vote.”

If it were to pass by less than a 60 percent majority, the tribes would take the issue to court, he added.

The tribes also will be facing organized and active opposition.

Following the petition gatherers into the state Capitol were members of an organization called the Committee Against Unrestricted Gambling.

Most damaging to the campaign could be the fact at least two Indian leaders have joined the opponents and spoken out against the initiative.

“The opportunity to have slot machines is something the voters should have the right to consider, but this initiative is not the way to go about it,” said Ron Allen, chairman of the Jamestown S’Klallum Tribe. “We need a controlled environment for gambling so that the current quality system continues to work for the people of Washington.”

Richard Pruser, councilman of the Suquamish Tribe, said the tribes need a shared regulatory responsibility with the state to ensure the credibility and integrity of the gaming industry.

“Our current oversight system is presently working and we are always striving to improve it,” Pruser said. “This initiative would undermine that process.”

Other opponents include the Washington Charitable and Civic Gaming Association, the Washington State Restaurant Association, the Recreational Gaming Association, the Washington Licensed Beverage Association, the Horse Racing Association and the Christian Coalition.

MEMO: This sidebar appeared with the story: INITIATIVE 651 PETITION DRIVE Gathered an estimated 256,000 signatures, at least 74,000 more than the number needed to qualify for the general election ballot. Cost more than $300,000. Sponsoring tribes paid up to $1 a signature to dozens of signature gatherers.