May 25, 2001

Anti-lottery group contends legislature
can’t put issue before voters in a referendum
An anti-lottery group said it will ask the courts to rule that it’s unconstitutional for the General Assembly to call a referendum on creating a state lottery. The group, Citizens United Against the Lottery, contends that a decision on starting a lottery is one that legislators must make themselves. "If the General Assembly passes a lottery that's constitutionally questionable -- and in our view that's a lottery with a referendum attached -- the state should expect a challenge," said Chuck Neely, chairman of the group.

Neely, a former House member and GOP gubernatorial candidate, said it would be an unconstitutional delegation of legislative power for the General Assembly to pass the buck to voters on starting a lottery. Former state Supreme Court Chief Justice Burley Mitchell, another prominent member of the anti-lottery group, said the state constitution doesn’t allow a statewide vote on an issue such as a lottery, unlike a bond issue, a local tax or a constitutional amendment.

Others disagree. Senate Majority Leader Tony Rand (D-Cumberland) pointed to an opinion written by then-Attorney General Mike Easley that says a statewide referendum on a lottery would be constitutional. Gerry Cohen, the General Assembly's bill-drafting chief, cited a provision in the state's Bill of Rights that says the legislature can call referendum "for redress of grievances and for amending and strengthening the laws."

Meanwhile, the executive committee of the N.C. Association of Community College Trustees adopted a resolution supporting a state lottery so long as it "designates a proportionate share of the lottery revenue proceeds" to help the 59 campuses buy and install "instructional technology and equipment." In a letter to Gov. Mike Easley, the trustees' association leaders urged the governor to include community colleges in the lottery and said the group would work to get the proposal through the General Assembly and approved by voters in a referendum.