Davis predicted that the courts would ultimately decide the issue, referring to the lawsuit filed yesterday by the other anti-slots groups. Their attorney is Irwin R. Kramer, who represented Republicans when they sued to overturn tax increases approved by the General Assembly in last year's special legislative session. The Court of Appeals ruled against Kramer.
Del. Michael D. Smigiel Sr., an Eastern Shore Republican who was the lead plaintiff in that effort, is also a co-plaintiff in the ballot suit.
Kramer is asking the court to make the Elections Board direct McDonough to rewrite the ballot question "with neutral language that fairly and accurately apprises voters of the true nature of the issue upon which they are voting."
The suit also asks the court to invalidate the constitutional amendment bill generally, on the grounds that it represents an unlawful delegation of duties from the legislature to the people. A similar argument in Kramer's previous lawsuit was rejected by Maryland courts.
Frederick W. Puddester, chairman of the pro-slots ballot committee For Maryland, For Our Future, criticized the lawsuit as a "frivolous" and "anti-democratic" effort to prevent voters from having their say on the slots issue. Maryland voters are "tired of this endless politicking," Puddester said in a statement. "It's time to let the people decide."
Arceneaux said his group, which is backed by Comptroller Peter Franchot, declined to join Kramer's suit because "we feel strongly that the referendum should go forward," just with different ballot language.
Under state law, the elections board is responsible for ensuring that ballots "present ... questions in a fair and nondiscriminatory manner."
After the meeting, Franchot issued a statement calling the bipartisan Elections Board a "rubber stamp" for the pro-slots administration of Gov. Martin O'Malley, his political rival. "It's no wonder people are cynical about government," Franchot said. "The board ... simply threw up its hands and walked away from its obligation to ensure a fair election."
Baltimore Sun reporter Laura Smitherman contributed to this article.
approved referendum language
