Judge to Decide Soon on Missouri Digital Wagering Initiative

Missouri’s Digital Wagering Initiative Awaits Judge’s Swift Decision Amidst Heated Court Battle

Missouri’s long-awaited digital wagering initiative hangs in the balance as a federal court judge considers whether the sports betting measure will appear on the November ballot. The all-day hearing on September 5 saw intense debates, but no decision yet. However, Cole County Circuit Judge Daniel R. Green promised a swift ruling on the initiative’s fate, leaving both proponents and challengers on edge.

The Legal Dispute: Signature Validity and District Controversy

At the heart of the legal battle is a lawsuit brought by political consultants Jacqueline Wood and Blake Lawrence against Missouri Secretary of State John Ashcroft. The plaintiffs argue that the voting districts used to certify the initiative’s signatures were incorrect. Under Missouri law, a proposal needs verified signatures from 8% of voters in at least six of the state’s eight voting districts. However, the plaintiffs claim that the secretary of state’s office used outdated congressional district maps from before the 2020 redistricting, leading to miscounts and invalid signatures.

According to the lawsuit, signatures collected from voters who remained at the same address but now reside in a different district due to redistricting were misallocated, effectively discounting their validity. Additionally, the plaintiffs allege that many signatures are outright invalid, casting doubt on whether the initiative meets the necessary requirements to move forward.

Proponents Push Forward Despite Legal Hurdles

Despite the legal uncertainty, the group behind the ballot measure, Winning for Missouri Education, has already started campaigning, rallying support from Missouri’s professional sports teams and several digital sportsbook companies. The initiative would legalize statewide digital sports betting, allowing existing casinos and professional sports venues to partner with commercial operators, each receiving a single platform, or “skin.”

While some digital-only operators have contributed to the campaign, not all casino companies are on board. Previous legislative attempts allowed for more flexible terms, such as multiple skins per location, but these efforts failed to pass through the state legislature despite repeated tries.

Seven Hours of Testimony and a Race Against Time

During the hearing, both sides presented their cases over seven hours, with detailed scrutiny of signature rolls from Missouri’s District 1. Marc Ellinger, representing the plaintiffs, zeroed in on 768 questionable signatures. Ellinger argued, “Evidence will overwhelmingly show that the petition did not receive the necessary signatures to be placed on the ballot.” If these signatures are invalidated, the initiative could fall short of the required threshold to proceed.

Missouri Assistant Attorney General Eric Kinnaw, representing Ashcroft, defended the state’s process, arguing that the existing legal framework supports the current certification method. Kinnaw warned that a ruling against the secretary of state could have far-reaching consequences, stating, “Everything we’ve done in the last 20 years in ballot petitions would be thrown out.”

The Judge’s Role: Will He Review the Signatures?

Judge Green raised a critical question during the proceedings: should he personally review the disputed signatures? When asked if the court should validate the contested names, Ellinger suggested that if witness testimony were insufficient, the judge should indeed review the signatures himself. Judge Green’s pointed response, “I’ll take that as a yes,” signaled the gravity of the decision ahead.

With the deadline to remove initiatives from the ballot set for 5 PM local time on September 10, the clock is ticking. Both parties have been ordered to submit proposed judgments by Friday afternoon, with Green’s ruling expected any time before the deadline.

A Crucial Decision Looms

As Missouri inches closer to the November ballot, the fate of the digital wagering initiative rests on a complex legal battle over signature validity and district mapping. With professional sports teams and digital operators rallying behind the proposal, and state casinos divided, the outcome of Judge Green’s impending decision will shape the future of sports betting in Missouri. Whether the initiative proceeds or gets sidelined, the case underscores the high stakes and legal intricacies of bringing digital wagering to the Show-Me State.