Mr. Barry Emigh 1104 7th Street Hot Springs, AR 71913-4225
Dear Mr. Emigh:
You have requested certification, pursuant to A.C.A. § 7-9-107 (Repl. 2000), of a popular name and ballot title for a proposed constitutional amendment. You have previously submitted ten similar measures, eight of which I rejected due to ambiguities in the text of your proposed amendments. See Op. Att'y Gen. Nos. 2002-001, 2001-380, 2001-358, 2001-341, 2001-173, 2001-110, 2001-095 and 2001-074. My office has revised and certified popular names and ballot titles for two similar measures, as evidenced by Op. Att'y Gen. Nos. 2001-129 and 2001-196. You have since made additional changes to your measure and submitted a revised popular name and ballot title for my certification. Your proposed popular name and ballot title state:
Popular Name AN AMENDMENT TO AUTHORIZE BINGO AND RAFFLES BY NON PROFIT ORGANIZATIONS, AUTHORIZING BARRY LEE EMIGH TO ORGANIZE A CORPORATION TO EXCLUSIVELY OPERATE, HIRE PERSONS AND SUBCONTRACT INDEPENDENT CONTRACTOR(S) TO OPERATE FOR PROFIT GAMBLING AND AUTHORIZING THE GENERAL ASSEMBLY TO PROVIDE A COMMISSION TO OPERATE LOTTERIES AND TO REGULATE BINGO, RAFFLES AND GAMBLING
Ballot Title AN AMENDMENT TO THE ARKANSAS CONSTITUTION AUTHORIZING THE OPERATION OF BINGO AND RAFFLES BY NON PROFIT ORGANIZATIONS INCORPORATED OR REGISTERED TO DO BUSINESS IN THE STATE WITH NO PERSON UNDER AGE 18 PERMITTED TO PLAY BINGO OR RAFFLES; PROVIDING EACH SIGNATURE THE SECRETARY OF STATE COUNTS AS VALID TO PLACE THIS AMENDMENT ON THE BALLOT WITH EXCEPTION OF A CANVASSER'S SIGNATURE ON A PETITION AS PETITIONER WITH THEIR SIGNATURE ON THAT PETITION AS CANVASSER SHALL BE COUNTED AS 2 SHARES OF STOCK WITH EACH SHARE OF STOCK BEING 1 VOTE WITH BARRY LEE EMIGH AS AUTHOR AND SPONSOR OF THIS AMENDMENT RECEIVING 1 OF 2 SHARES OF STOCK AS A STOCK HOLDER FOR EACH SIGNATURE A CANVASSER OBTAINS WITH THE CANVASSER RETAINING THE OTHER SHARE OF STOCK AS A STOCK HOLDER WITH ALL SHARES OF STOCK AS PROVIDED HERIN [HEREIN] BEING FILED AS "PREFERRED STOCK" WITH THE STATE SECURITIES DEPARTMENT UPON INCORPORATION IN THE STATE OF THE "DIAMOND STATE CASINOS, LIMITED" BY THE INCORPORATOR; REQUIRING BARRY LEE EMIGH AS THE AUTHOR AND SPONSOR OF THIS AMENDMENT TO ORGANIZE A CORPORATION AS THE INCORPORATOR TO BE ENTITLED THE "DIAMOND STATE CASINOS, LIMITED" WITH THE RIGHT OF BARRY LEE EMIGH FOR ANY REASON TO APPOINT ANOTHER PERSON TO REPLACE HIM AS THE INCORPORATOR; AUTHORIZING THE INCORPORATOR TO INITIALLY WRITE THE "BY LAWS" OF THE CORPORATION AND TO APPOINT 6 PERSONS AS CORPORATE BOARD DIRECTORS TO ESTABLISH THE BOARD OF DIRECTORS OF THE "DIAMOND STATE CASINOS, LIMITED"; REQUIRING THE SECRETARY OF STATE TO INCORPORATE IN THE STATE THE "DIAMOND STATE CASINOS, LIMITED" UPON RECEIPT OF THE APPOINTED CORPORATE BOARD DIRECTORS NAMES, "BY LAWS, AND FILED APPLICATION FOR "PREFERRED STOCK" REGISTRATION BY THE INCORPORATOR; REQUIRING THE CORPORATE BOARD DIRECTORS UPON INCORPORATION IN THE STATE TO ELECT THOSE REQUIRED CORPORATE EXECUTIVE OFFICERS AND WITHIN ONE YEAR TO FULLFILL [FULFILL] ANY AND ALL OTHER REQUIREMENTS THE SECRETARY OF STATE REQUIRES OF ALL OTHER CORPORATIONS