Ohio VLT Plan In Crisis

A controversial plan that would permit up to 17,500 video lottery terminals (VLT) to be sited at racetracks in Ohio could be under threat following a ruling from the state’s seven-member Supreme Court.

The Ohio Supreme Court ruled by a margin of six to one last week that the plan is subject to a voter referendum after a conservative political group, LetOhioVote.org, sued earlier this month.

If successful, the plan could bring the state $933 million in tax over the next two years and help balance an ailing budget. Governor Ted Strickland argued that it was not subject to a voter referendum because it had been included as a revenue provision in a budget bill passed by the General Assembly.

However, the Court disagreed and ordered Jennifer Brunner, Secretary Of State for Ohio, to accept an initial batch of petitions from LetOhioVote.org for a referendum.

“We are not unmindful of the effect our decision may have on the state budget nor of the commendable efforts of the members of the executive and legislative branches of state government to fulfil their constitutional duties to balance the budget in Ohio,” wrote Justice Terrence O’Donnell.

“However, our own constitutional duty is to ensure compliance with the requirements of the Ohio Constitution irrespective of their effect on the state’s current financial conditions.”

The Court’s decision was not unanimous and Justice Paul Pfeifer wrote that the plan was an appropriation for the state government’s expenses, which isn’t required to go before voters.

“The video lottery terminal legislation is at the very heart of the budget bill, at the very heart of how Ohio is going to pay for its spending over the next two years,” wrote Pfeifer.

“Without video lottery terminal-enabling legislation, the budget crumbles.”

According to a piece from the Dayton Business Journal, the implementation of any terminals has been postponed for 90 days to give LetOhioVote.org time to collect the required number of signatures to place the issue on the ballot, which would not go before voters until next year.

“The Ohio Lottery Commission has modified its agenda for this afternoon’s scheduled meeting to ensure adequate time to fully review and understand the impact of the Court’s decision,” said Governor Strickland.