The seven judges on Maryland’s highest court struggled Monday to come up with ballot language that would not mislead voters on November’s referendum on a slot machine constitutional amendment, but in the end, they affirmed a decision last week to add one word to the ballot question.
In response to the lawsuit by anti-slots groups, a three-judge panel had ordered the word “primary” be inserted so the ballot now reads “for the primary purpose of raising revenue for education.”
It’s the legislature’s fault, said attorney Irwin Kramer, representing anti-slots groups that brought the lawsuit against the wording on the ballot.
The legislature had put all the desirable purposes — children, school buildings, colleges — in the constitutional amendment — and put the allocation of the other half of the money into the 74-page bill that implements the amendment, sending the money to slots operators, horse breeders, racetracks and minority businesses.
But even here the Court of Appeals judges argued about what the meaning of “primary” might be. “Primary is not defined as anything,” Judge Lynne Battaglia said. “It does not equate to a majority.”
Assistant Attorney General Austin Schlick argued that primary means “foremost and most important,” but he conceded that it could be a wide range of percentages, as several judges pointed out.
The other uses of the money are spelled out in implementing legislation, which is not on the ballot, and the legislature may change. Some of those details are in a longer summary that voters will receive with their sample ballots.
After the decision, the Attorney General’s Office issued a statement saying that it was time for slots opponent “to accept the decision of the courts,” since this was the fourth time Kramer had failed to persuade judges to throw out the slots referendum.
Battaglia suggested that the words “in part” be added to wording on education funding. Judge Sally Adkins suggested adding that “some of these funds may go for other purposes.”
Chief Judge Robert Bell wondered whether the “cure” might be just to put a period after “raising revenue” and not spell out any of the uses — a remedy that Kramer liked but said was vague.
Slots revenue: Where it goes
Players’ winnings 87 percent
The other 13 percent (an estimated $1.3 billion in fiscal 2013)
Education Trust Fund at least 48.5 percent
Video lottery operators no more than 33 percent
Horse racing purses 7 percent (no more than $100 million a year)
Local impact grants 5.5 percent
Racetrack facilities 2.5 percent (no more than $40 million)
Lottery agency costs 2 percent
Small, minority businesses 1.5 percent
Source: Department of Legislative Services
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