The Idaho Attorney General’s Office says a proposed ballot initiative to legalize so-called “historical horse racing” may not pass constitutional muster.
The proposal legalizes the slot machine-like betting terminals at which players bet on randomly selected past horse races.
The AG advisory says the status of historical horse racing as legally permissible is uncertain and likely to draw a legal challenge. Idaho lawmakers first green-lighted the terminals in 2013, but repealed their authorization two years later due to the terminals’ similarities to illegal slot-machines. Governor Butch Otter attempted to veto the bill, but the Idaho Supreme Court ruled he’d missed the deadline. Since then, horse racing proponents have unsuccessfully pushed to reintroduce the idea, saying the profitable betting terminals are the only way to save the live horse racing industry in Idaho.
The Idaho Constitution specifically permits pari-mutual betting, like the pooled betting that occurs on horse races, but not if it involves “any electronic or electro-mechanical imitation or simulation of any form of casino gambling.”
The new initiative declares that the “historical horse racing” terminals are pari-mutuel betting, and are not slot machines or casino simulations. The proposal can move forward despite the risk of being overturned in court.
Sponsors would need to gather more than 56,000 voter signatures by April 30th to make the
November general election ballot. (Spokesman-Review)
