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Native American tribes that seek to open a gambling casino in Nebraska have asked for permission to submit a referendum to voters on whether they would support the opening of a new gambling casino. The Native American tribes and their supporters say that their referendum is different enough from past referendums to not violate the state constitution’s ban against offering a bill with the same content more than one in three years. Nebraska’s state constitution contains a provision which states that no ballet proposal may be submitted to the public if it has been offered, “either in form or in essential substance,” in the past three years. However, the Native American casino tribes say that their new proposed bill is too different from the last one for the law to be applicable. Three of Nebraska’s Indian tribes, the Winnebago, Santee Sioux and Omaha, have filed a joint petition with the Nebraska secretary of state’s office that would allow them to ask the public to approve the building of a single tribally owned Class III casino. The proposed casino would not be built on any tribal lands, in exchange for the tribes’ promise not to seek to build a casino on their tribal lands. The tribes have hired Ben Thompson, who is a consultant with the Affirmative Public Policy Solutions, an Omaha- based lobbying firm, to advise them on how to get the casino built. Thompson said that the state constitution’s ban on repeat referendums does not apply in this situation. “We wouldn’t be proposing it if we didn’t believe this was different,” Thompson said. “They’d have to take a pretty narrow reading of that constitutional provision to stop this (casino) proposal from moving forward.” However, many opponents of the casino referendum plan strongly disagree. Pat Loontjer, who heads the anti – casino organization Gambling with the Good Life, said that the current request for a referendum is too similar to a referendum put to a public vote in November of 2004. In that referendum, which voters rejected, the Nebraskan public was asked whether or not they wished to bring casino gambling to the state. “The voters have spoken. We need to respect the voters,” Loontjer said. “It’s all greed-driven. This is all backed by people who are going to benefit from this very mightily, and a lot of Nebraskans are going to lose.” The tribes, however, are confident that they will be able to put the casino referendum to the public. Neal Erikson, the deputy secretary of state in charge of elections, said secretary of state would have to review the proposal in order to decide, but could not say when this might occur.
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