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AG rejects lottery proposal, certifies gay foster parenting ban Friday, Oct 5, 2007 By John Lyon Arkansas News Bureau LITTLE ROCK - State Attorney General Dustin McDaniel on Thursday rejected a proposed constitutional amendment to permit the creation of a state lottery and certified a proposed ballot initiative to ban unmarried couples from adopting or becoming foster parents. McDaniel's office concluded there were too many "unclear points" in Lt. Gov. Bill Halter's lottery proposal to certify it. In a separate opinion, McDaniel approved the Family Council's proposed initiative to prohibit a minor from being placed with an adoptive or foster parent in Arkansas who is cohabiting with a sexual partner outside of a marriage recognized by the state. McDaniel previously rejected a version of the Family Council's proposal, but the conservative group revised the wording of the measure to address McDaniel's concerns. If approved by voters, the ban effectively would reinstate a state ban on foster-parenting by gays that the state Supreme Court struck down last year. The Family Council tried this year to get the Legislature to pass a bill to ban adoption or foster parenting by gays or unmarried couples, but the bill died in the House Judiciary Committee after passing the Senate. The attorney general's approval of the popular name and ballot title of a ballot item is required before supporters can begin collecting signatures on petitions to place the item on the ballot. To place the proposed foster-parenting ban on the 2008 general election ballot, the Family Council must collect a number of signatures equal to 8 percent of the total votes cast in the most recent governor's race, or about 92,000 signatures. Family Council Director Jerry Cox said Thursday the group will launch a petition campaign in January but will begin accepting signatures as soon as it can get petitions printed. The group also plans to make petitions available on its Web site, he said. In a written statement, Bud Jackson, spokesman for Halter's lottery campaign, said, "We look forward to adjusting our initiative and will be pleased to resubmit the proposal as many times as needed until the attorney general clears the measure and allows Arkansans the right to decide for themselves next year if our state deserves its own scholarship lottery for Arkansas citizens." McDaniel wrote that several terms in the lottery proposal are not defined, including the term "lotteries." The proposal also does not explain how it would affect an amendment approved by voters last year that permits raffles and bingo games held to benefit charities, the attorney general said. "Voters who are deciding whether to adopt your measure may wish to know whether they are authorizing the General Assembly to approve all species of gaming that constitute a 'lottery' as broadly construed by the Arkansas Supreme Court," McDaniel wrote. Jackson said Thursday the proposal is not intended to change existing law concerning raffles and bingo. Under Halter's proposal, lottery proceeds would be placed in a trust and would be spent only on prize money, operating expenses and scholarships for Arkansans to attend colleges and universities within the state. McDaniel wrote that the measure "is silent with respect to the management of such funds" and is unclear about who could receive the scholarships. Jackson said the amendment would let the Legislature decide who would be eligible for scholarships. Halter failed during this year's legislative session to get the Legislature to refer the lottery amendment to the 2008 general election ballot. Placing a constitutional amendment on the ballot otherwise requires a number of signatures equal to 10 percent of the votes cast in the most recent governor's race. The number was about 78,000 votes in 2006. |
