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Compliance Updates

Seminole-Backed Group Claims Fraud in Fla. Casino Initiative

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Seminole-Backed Group Claims Fraud in Fla. Casino Initiative

 

The Seminole Tribe of Florida has gone on the offensive in litigation over a Las Vegas Sands Corp.-backed ballot initiative aimed at opening the Sunshine State to additional casinos, accusing the sponsor of “brazenly violating” Florida election law in its efforts to gather needed voter signatures.
The battle in a Leon County circuit court started with Florida Voters in Charge, the political committee behind the proposal, claiming that parties acting on behalf of the Seminoles, who have held exclusive rights to offer certain casino gaming in the state, improperly interfered with its petitioning. But on Monday, the tribe-backed political committee Standing Up for Florida Inc. and its president, political consultant Pradeep “Rick” Asnani, filed a counter-claim accusing the plaintiffs of illegally paying petition gatherers on a per-signature basis,  shredding certain petitions or forging information on incomplete petitions.
“The Constitution of Florida is under attack,” Standing Up for Florida cautioned, adding, “The counter-defendants’ illicit conduct is an attack on Florida’s election integrity.”
State law requires sponsors of citizen initiatives to gather valid signatures from at least 8% of the state electorate, or 891,000 registered voters, by Feb. 1 to qualify for the November 2022 general election ballot, but the Seminole-backed parties argue that the alleged violations render any signatures gathered by Florida Voters in Charge under such contracts to be null and void.
Standing Up for Florida, which said it has spent “exorbitant resources” to voice its opposition to the initiative and fight the allegedly fraudulent petition gathering, asserted that the per-signature payments are “flatly illegal” under a 2019 law that banned such payments.
It also cited affidavits from an employee and a former subcontractor of Grassfire LLC, a firm that coordinated some of the petition gathering, who testified that in addition to the allegedly illegal contracts, the company also illegally shredded and discarded some petitions that it thought would be rejected by state officials in order to reduce its submission fees, filled in omitted information, such as dates and addresses, and even forged state officials’ signatures.
The counter-claim names Florida Secretary of State Laurel M. Lee and Leon County Supervisor of Elections Mark S. Earley as third-party defendants in connection with its request for a declaratory judgment voiding the submitted signatures. Standing Up for Florida also named the officials in an accompanying emergency motion for a temporary injunction to stop them from counting the disputed petitions.
The ballot initiative, titled “Limited Authorization of Casino Gaming,” would authorize state officials to permit casino-style games, including blackjack, roulette and slot machines, at up to three new casinos, with the restriction that they be located at least 130 miles from existing tribal casinos.
Las Vegas Sands Corp. has poured nearly $50 million into Florida Voters in Charge, according to election finance records, and news reports have suggested that, based on the proposal’s geographic limitations, the global gaming giant is aiming to open a casino in Jacksonville, in the northeast corner of the state.
Florida Voters in Charge sued Standing Up for Florida, another Seminole-backed entity known as Let the Voters Decide LLC and several other parties on Dec. 1. In an amended complaint, it alleged that the defendants have engaged in increasingly aggressive efforts to harass and intimidate its signature collectors. The suit also accuses them of “paying off” these workers by either hiring them away to gather signatures for an unnecessary “sham” petition purportedly related to a new Seminoles gaming compact or simply paying them to stop working on the new casino initiative and, in some cases, leave the state during the process.
A Leon County circuit judge denied Standing Up for Florida’s motion to dismiss, in which it argued that it acted within the state’s open labor market to compete for these workers’ services. But she ordered the plaintiffs to submit contracts that the defendants pointed out were missing to support the interference claims.
In its filings Monday, Standing Up for Florida pointed out that Grassfire produced a redacted copy of its petition gatherer contract form, but publicly available copies of the form showed Grassfire had blocked out portions detailing “bonus” payments based on the number of signatures collected.
Standing Up for Florida acknowledged that elements of the arguments in its counter-claim were rejected when it previously raised them in a separate action it filed in Palm Beach County, where it is based. But the group said that it believes that court erred by finding that the 2019 law’s authorization for the state attorney general to seek injunctions for election fraud preempted private litigants, such as itself, from bringing election integrity actions. The law, it pointed out, said nothing about ending more than 100 years of private litigants bringing such cases in Florida.
With state elections officials allowed 60 days to verify submitted signatures, Dec. 30 marked an effective deadline to guarantee that signatures will be counted by the Feb. 1 deadline, so a ruling in favor of the Seminole parties’ claims would end the initiative’s chances for appearing on the November 2022 general election ballot.
According to the latest Department of Elections records, Florida Voters in Charge had obtained verification of about 426,000 signatures. On Tuesday, the Florida Supreme Court —  as part of the usual elections process — tentatively scheduled oral arguments for March 8 on whether the proposed ballot question and title is clear and not misleading and satisfies a single-subject requirement.
Counsel for Standing Up for Florida and the other defendants declined on Tuesday to comment beyond their latest filings. Counsel for the Florida Voters in Charge and other plaintiffs did not respond to a request for comment.
Standing Up for Florida and the other defendants are represented by William N. Shepherd, Jeffrey M. Schacknow and Henry A. Moreno of Holland & Knight LLP.
Florida Voters in Charge and signature gathering companies The Human Connection and I & R Campaign Management Services are represented by James McKee, Benjamin J. Grossman and W. Bradley Russell of Foley & Lardner LLP.
Grassfire LLC is represented by Eduardo S. Lombard and Angela D. Miles of Radey Law Firm.

Compliance Updates

US Supreme Court Refuses to Take Up Challenge to Florida Online Sports Betting Compact

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The U.S. Supreme Court on Monday refused to take up a challenge to an agreement that gave the Seminole Tribe exclusive rights to handle online sports betting in Florida, dealing a blow to the deal’s opponents.

The nation’s highest court denied a petition from opponents of the compact, which promises to rake in hundreds of millions of dollars for the tribe and the state.

The decision was the latest setback for West Flagler Associates and the Bonita-Fort Myers Corp., which operate racetracks and poker rooms in Florida. In March, the Florida Supreme Court ruled that the companies had filed the wrong type of petition to challenge the 2021 compact between the Seminole Tribe of Florida and Gov. Ron DeSantis’ administration.

“What’s important with today’s announcement is that the most significant barrier to online sports betting in Florida has been removed,” said Daniel Wallach, a South Florida attorney and sports betting law expert who had filed a brief asking the Supreme Court to either take up the case or reverse it outright.

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The companies say the compact gives the tribe a sports betting monopoly in the nation’s third-most populous state and that the U.S. Department of Interior wrongly approved the compact even though it violates the Indian Gaming Regulatory Act, which requires that gambling occur on tribal lands.

The plaintiffs questioned whether online sports bets that can be placed from anywhere in Florida could be considered to be on tribal land when only the computer servers that host the betting services are located there.

They said DeSantis and the Legislature, which approved the compact, improperly exceeded their powers by authorizing sports betting off tribal lands.

In their state court challenge, they argued that the deal creates a backdoor way out of a requirement, passed by voters in 2018 as an amendment to the Florida Constitution, that a citizens initiative is needed to expand casino gambling outside of tribal land. The tribe has argued that the Legislature has the authority to decide where online gambling is initiated and that the amendment doesn’t change that.

Attorneys for DeSantis and the legislative leaders have said that sports betting is different from casino gambling and therefore isn’t prohibited by the amendment.

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The tribe launched its online sports betting operation late last year, and Florida’s share of revenues is already $357 million from last December through May. State economic forecasters predict that the revenue sharing from tribal gambling could total $4.4 billion through the end of this decade.

The decision by the Supreme Court “means members of the Seminole Tribe and all Floridians can count on a bright future made possible by the Compact,” the tribe said in a statement.

Monday’s decision could encourage other tribes to follow the same path to operate online gambling, Wallach said.

“Tribes in other states stand to benefit from this decision because now they have a clear roadmap that has cleared judicial review. I would expect to see efforts ramped up in other states,” Wallach said.

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Arizona

Arizona Department of Gaming to Accept Applications for Event Wagering Licenses

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he Arizona Department of Gaming (ADG) is pleased to announce that it will begin accepting applications for event wagering licenses in July. Pursuant to A.R.S. § 5-1304 and A.A.C. R19-4-105 and 106, ADG will accept applications for no less than one event wagering license reserved for Arizona Tribes and no less than one event wagering license reserved for Arizona Sports Franchises, as defined in A.R.S. § 5-1301(7).

Prospective applicants are encouraged to review the provided materials on ADG’s website carefully to understand the application process and requirements.

The application window for event wagering licenses will open on July 8, 2024, and will close on July 19, 2024 at 5 PM. Applicants must submit their completed applications within this timeframe in order to be considered for a license. ADG will thoroughly evaluate all applications received based on the established criteria pursuant to the State’s event wagering rules and statutes.

Interested parties are encouraged to visit ADG’s website for detailed information on eligibility requirements, application procedures, and relevant timelines.

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Arizona

Arizona Department of Gaming to Accept Applications for Event Wagering Licenses

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Arizona Department of Gaming to Accept Applications for Event Wagering Licenses

 

The Arizona Department of Gaming (ADG) is pleased to announce that it will begin accepting applications for event wagering licenses in July. Pursuant to A.R.S. § 5-1304 and A.A.C. R19-4-105 and 106, ADG will accept applications for no less than one event wagering license reserved for Arizona Tribes and no less than one event wagering license reserved for Arizona Sports Franchises, as defined in A.R.S. § 5-1301(7).

Prospective applicants are encouraged to review the provided materials on ADG’s website carefully to understand the application process and requirements.

The application window for event wagering licenses will open on July 8, 2024, and will close on July 19, 2024 at 5 PM. Applicants must submit their completed applications within this timeframe in order to be considered for a license. ADG will thoroughly evaluate all applications received based on the established criteria pursuant to the State’s event wagering rules and statutes.

Interested parties are encouraged to visit ADG’s website for detailed information on eligibility requirements, application procedures, and relevant timelines: LINK

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