Compliance Updates
At $300 Million, This is Expected to be California’s Most Expensive Ballot Fight Ever. And it Just Got More Intense
In a sign of the bruising, expensive fight to come, two Native American tribes are coming out in support of a newly qualified ballot measure to allow online sports gambling — instead of a separate gaming measure backed by dozens of other tribes.
On Wednesday, two tribes — the Middletown Rancheria of Pomo Indians and the Big Valley Rancheria Band of Pomo Indians — will announce their support for the online gaming measure that proponents call the Californians for Solutions to Homelessness and Mental Health Support Act.
Backed by commercial operators including FanDuel, DraftKings, and BetMGM, the measure would legalize online sports betting in California, with 85% of the revenue going toward housing for the homeless and mental health services. The rest would go to the Indian tribes that will be partnering with major gaming operators in running the operation.
On Tuesday, Secretary of State Shirley Weber announced that the measure had gathered enough valid petition signatures to be eligible for the ballot in November. A report from the state’s nonpartisan Legislative Analyst’s Office said new tax revenue from the proposal “could reach the mid-hundreds of millions of dollars annually.”
“We’re supporting the Solutions Act because it gives us an opportunity to protect our sovereignty and also create opportunities for economic wealth for the next seven generations for our tribe,” Jose “Moke” Simon, chair of the Middletown Rancheria of Pomo Indians, said.
“It also helps the state of California deal with some of the biggest problems that it has here, that is affecting every community, which is homelessness and mental health issues,” said Simon, who stars in a new online ad for the proposal.
It is a sign that what’s expected to be California’s most expensive ballot measure battle ever is heating up. Analysts have predicted that more than $300 million could be spent between the warring parties. That’s far more than the $224 million spent by both sides over 2020’s Proposition 22, which asked voters to decide whether app-based transportation and delivery drivers should be classified as independent contractors.
Both sides believe that the jackpot that awaits is worth it: California’s estimated sports gaming market is estimated to be around $3 billion. At least.
A proposal supporters call the Tribal Sports Wagering Act, which is backed by dozens of Native American tribes, already qualified to go before voters in November. It would allow only in-person sports betting to occur only at tribal casinos and qualified horse racetracks. Proponents say they have secured the endorsement of roughly one-third of California’s 109 Native tribes.
Kathy Fairbanks, a spokesperson for the Tribal Act, said that measure represents a more responsible approach.
“It’s allows sports betting to patrons over 21 and older. You have to be there in person, show your ID, people can look you in the eye and make sure that you match the ID in front of you,” Fairbanks said.
The decision for voters, said industry analyst Brandt Iden, is “retail-only sports betting versus mobile.”
“That’s what this is going to come down to do for consumers,” said Iden, a former Republican Michigan state representative who is now head of government affairs at Sportradar, a sports technology company that provides data and content to the betting industry. “Do I need to walk into a sports book to place a wager, or can I do it from a mobile device anywhere in the state?”
Proponents of the online-only measure touted Wednesday’s endorsement from two smaller tribes as a sign that all of California’s Native tribes aren’t fully on board with the in-person-only measure.
Simon, from the Middletown Rancheria of Pomo Indians, which operates the Twin Pine Casino and Hotel in Middletown (Lake County), said the online proposal helps smaller tribes that are far from major population centers. If sports betting were confined to only in-person betting at tribal casinos and racetracks, casinos like the one his tribe operates wouldn’t see much uptick in foot traffic.
“We are looking to obviously move into e-commerce, and this gives us an opportunity to do that,” said Simon, who is also a Lake County supervisor.
But Fairbanks, who represents the in-person proposal, discounted the impact of a few tribes supporting the online proposal, noting that more than 60 tribes oppose it.
“The vast, vast majority are opposed to the (online) measure, and we will make sure that voters are aware of that,” Fairbanks said.
Iden, of Sportradar, said it “isn’t surprising” that some smaller tribes are partnering with the commercial operators. He has seen that happen in other states, including Michigan, where he served. The California online gaming proposal requires a commercial operator to be paired with a Native tribe to be able to enter the market.
Iden said that sort of partnership model has been used in other states “where commercial operators enter the market through a tribal brick-and-mortar operation. Traditionally, smaller tribes really benefit from that because of the money that’s involved.”
The larger question will be whether Californians — particularly the younger generation of digital natives who grew up doing many of life’s activities online — will support a measure that would force them to travel to a casino or racetrack to legally bet on a sporting event.
“That is a huge challenge because everything is really online these days,” said Geoff Zochodne, who covers the gaming industry for Covers, an online site. “That’s where the customer is increasingly located for all businesses.”
Fairbanks didn’t dismiss the tribes pursuing online gaming in the future but said that the current online measure isn’t the way to go “at this point in time.”
“Maybe technology will change. But right now, there’s no 100% foolproof way to ensure that kids under 21 aren’t gambling,” she said.
Iden said the real challenge will be for voters, who will see a blizzard of competing ads. Some ads opposing the online-only proposal have been running for weeks online and on TV — even before the measure officially qualified for the ballot.
“The real question becomes how much confusion is created by these two initiatives,” Iden said. “If you’ve got lengthy ballot proposals that you have to sit there and read, you sort of question whether or not people just get confused and they vote no on both.”
Gaming Laboratories International (GLI) has become the first laboratory to achieve accreditation in Maranhão, Brazil. The accreditation allows GLI to perform tests and certification for the gambling and lottery industry interested in working with lottery and fixed-odds betting operators in the state of Maranhão.
The milestone is the latest in a series of regulatory achievements for GLI in Brazil. Lottery of the State of Maranhão is the third jurisdiction in Brazil to accredit laboratories, and GLI is accredited in all and the first to be authorized in all.
Cassiano Pereira Junior, president of Maranhão Parcerias (Mapa), highlighted the importance of the partnership between the Maranhão State Lottery (Lotema) and GLI. “Every day we strive to make Lotema even better, providing greater security for its users. The partnership with GLI is a concrete way of achieving this goal, as its certification laboratories play an important role for the gaming and lottery industry, guaranteeing the conformity, security, and integrity of the products and systems used by Lotema,” Cassiano explained.
“We are grateful to the Lottery of the State of Maranhão for granting GLI the laboratory accreditation, becoming the first to be authorized in Maranhão. It is extremely gratifying to see how Lotema empower themselves by trusting the technical compliance process to provide transparency, integrity, and accountability to all the industry stakeholders through the certification process. The laboratory accreditation is the first step for a successful implementation of the certification based on jurisdictional standards, and the reason why we at GLI take this step very seriously and with great priority every time a new jurisdiction opens. We feel responsible for being part of the solution towards a fast and efficient implementation of regulations, thus supporting further local industry development and sustainable growth. We are grateful to Lotema and excited to be part of its thriving industry,” said Karen Sierra-Hughes, Vice President of Latin America, Caribbean, and Spain.
GLI has been working with regulators, lotteries, and industry stakeholders across the Latin American and Caribbean region for more than 26 years in their efforts toward regulation, sustainable growth, and eradicating illegal gaming. In Brazil, GLI has been side by side with government entities and all industry stakeholders for nearly 20 years, participating in public hearings in the Senate, Chamber of Deputies, and State government level, and in recent years, adding strategic local representation to strengthen their local support.
Kaizen Gaming Colombia, owner of the Betano.co brand, was authorized by Coljuegos to operate online betting in the country. With this new operator, there are now 16 web platforms that have the approval of the entity to market games of chance online.
“We continue to strengthen the online gaming industry. We hope that, with the entry of this new operator, we can continue to increase transfers for the health of Colombians. At this time, the platform is already operating for the betting public,” said Marco Emilio Hincapié, president of Coljuegos.
The entity is also in the process of authorizing an additional operator called Bingo Casino, which is expected to begin offering bets in the coming weeks.
It is worth mentioning that, by 2024, it is estimated that online betting portals will pay around $419,527 million to Coljuegos for exploitation rights, which represents an increase of 31% compared to the same period in 2023. All of these resources are transferred to the health system.
“We are seeing that online betting is a sector of the economy that has driven the growth of the country’s Gross Domestic Product. That is why we are working to make the market even more attractive and to provide more options to bettors,” said the president.
According to financial projections, this new operator is expected to pay Coljuegos around $21.513 billion over the next five years for operating rights and administration costs, resources that can be transferred to subsidize health and scientific research.
Former New Jersey Governor Chris Christie has backed Texas to legalise online sports betting in the state’s next legislative session.
Christie helped pave the way for sports betting liberalisation across the US by bringing the Supreme Court case that led to the repeal of PASPA.
The case was fought and won by prominent conservative lawyer Ted Olson, who Christie hired to argue the case for states to make their own decisions on sports betting. Olson died last week at the age of 84.
After Missouri became the 39th US state to legalise sports betting in some capacity, attention has quickly turned again to the big three states of Texas, California, and Florida.
“I think it’ll happen in Texas in the next legislative session,” said Christie, speaking to Covers.com. The next session is due to commence in Texas on January 14, 2025.
Christie is less confident about California, however, where competing sports betting ballots failed in 2022 amid a bitter dispute and lobbying war between online operators and local tribes.
California is seen as essential to the future prospects of US sports betting operators, given its size and wealth and dramatic impact on the country’s total addressable market (TAM).
“I don’t know about California,” said Christie. “This really takes gubernatorial leadership, and Gavin Newsom has got to decide if this is one of the issues he wants to lead on.
“Without gubernatorial leadership, the legislature won’t do it because they’re pulled like taffy in too many directions by too many different interests. Without the governor pushing for it, I just don’t think it’ll happen.”
Despite another potential setback in California, Christie has backed sports betting to penetrate pretty much every state eventually.
“I really believe sports betting is inevitable to go just about nationwide, because people in America love their sports, they just do,” he said. “I think it is in the leagues’ best interests to grow their audience. The government gets some piece of the pie out of that which they enjoy, and the public seems to be pretty happy for the most part.”
Depending on expansion, US sports betting could, in theory, reach every state. It would then become a national issue, but Christie has warned the federal government not to interfere.
“Let the states handle it,” he said. “The states are doing fine. You haven’t heard of anything awful or irreversible happening since each state has been involved and they should have the ability to decide whether they want gambling or not.
“I don’t think the federal government should have anything to do with it and I don’t think they ever should have. I don’t think they have to be babysitters for the governors of the country.”
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