the voter serious ground for reflection, it must be disclosed." Bailey, 318 Ark. at 285, citing Finn v. McCuen,303 Ark. 418, 798 S.W.2d 34 (1990), Gaines v. McCuen, 296 Ark. 513,758 S.W.2d 403 (1988), Hoban v. Hall, supra, and Walton v. McDonald, 192 Ark. 1155,97 S.W.2d 81 (1936). On the other hand, if statements in the ballot title have "a tendency to mislead the voter so as to thwart a fair understanding of the issues presented," the ballot title will likewise be insufficient. Bailey, 318 Ark. at 285.
Applying the above precepts, it is my conclusion that a more suitable, complete, and correct popular name and ballot title should be substituted for those proposed. The following is therefore hereby certified:
(Popular Name) AN AMENDMENT FOR LEGALIZATION AND TAXATION OF NON-PROFIT BINGO AND LIMITED ELECTRONIC GAMING MACHINES
(Ballot Title) AN AMENDMENT TO THE ARKANSAS CONSTITUTION AUTHORIZING NON-PROFIT ORGANIZATIONS RECOGNIZED BY THE INTERNAL REVENUE SERVICE AND REGISTERED IN THE STATE OF ARKANSAS FOR MORE THAN FIVE (5) YEARS TO CONDUCT BINGO GAMES; PERMITTING SUCH NON-PROFIT ORGANIZATIONS TO PROVIDE ONE ELECTRONIC GAME MACHINE FOR EVERY TWENTY-FIVE LEGITIMATE MEMBERS; LEVYING A 5% STATE TAX, A 1% COUNTY TAX, AND A 1% CITY TAX ON ALL NET REVENUE, AFTER AWARDING PRIZES, FROM THESE SOURCES; REQUIRING THAT ALL OF THESE ELECTRONIC MACHINES MUST BE OWNED AND SET BY ARKANSAS LICENSED AMUSEMENT OPERATORS LICENSED FOR MORE THAN FIVE (5) YEARS; PROVIDING, HOWEVER, THAT ORGANIZATIONS SUCH AS THE AMERICAN LEGION, VETERANS OF FOREIGN WARS, ARK-VETS, VIETNAM VETERANS, OR RECOGNIZED NON-PROFIT ORGANIZATIONS WHICH HAVE BEEN ACTIVE IN THE STATE OF ARKANSAS FOR MORE THAN FIVE (5) YEARS AND HAVE MORE THAN TEN (10) CHARTERED CHAPTERS MAY ESTABLISH AN AMUSEMENT MACHINE BUSINESS TO MEET THEIR NEEDS AND THE NEEDS OF OTHER QUALIFIED NON-PROFIT ORGANIZATIONS; REPEALING ALL CONFLICTING LAWS; AND MAKING THE AMENDMENT SELF-EXECUTING, MANDATORY, AND SEVERABLE.
Pursuant to A.C.A. § 7-9-108, instructions to canvassers and signers are enclosed herewith.
Sincerely,
WINSTON BRYANT Attorney General