http://www.philly.com/philly/news/new_jersey/133412033.html
Posted: Tue, Nov. 8, 2011, 3:00 AM
N.J. voters to decide on legalizing sports betting
By Suzette Parmley
Inquirer Staff Writer
New Jersey voters have one statewide ballot question to consider Tuesday: Do they favor legalizing sports betting at Atlantic City casinos and New Jersey racetracks through a change in the state constitution?
Also at stake this election are all 120 seats of the state Legislature, but only a few races are competitive because of redistricting earlier this year that favored Democratic incumbents.
Most towns also have county and municipal races. Polls will be open from 6 a.m. to 8 p.m.
If the gambling referendum passes, it will be the first of several legal hurdles that the Garden State must overcome to offer what Nevada has had exclusively since 1975.
Early indicators suggest the support is there. Results of a Rutgers-Eagleton poll released Oct. 19 showed a majority of likely voters (58 percent) approved sports betting.
Supporters say it will lift Atlantic City from its downward spiral by attracting weekend crowds to the Shore resort beyond the peak summer season. They envision packed casinos during Super Bowl weekend and the NCAA basketball tournament.
But opponents say sports betting will not save Atlantic City because it generates too little revenue; it is less than 2 percent of total casino revenue in Nevada. And some contend that sports betting was particularly addictive because of its fast-paced action.
Lawmakers - including Sen. Jim Whelan (D., Atlantic), who's facing a tough reelection battle against Assemblyman Vincent Polistina (R., Atlantic) - say they are ready to pass a bill to legalize sports wagering. Gov. Christie said he would support such legislation if Tuesday's referendum question passes.
But gambling legal experts cautioned that it could take months, even years, for the process to play out in court.
The main sticking point for New Jersey and other states is the federal Professional and Amateur Sports Protection Act, or PASPA, of 1992. The law prohibits sports betting in all but four states - Nevada, Oregon, Montana, and Delaware - and of those, only Nevada has a true sports book. Delaware offers parlay bets on NFL games where at least three bets must be right to win the wager.
New Jersey missed out on its chance to legalize sports betting when it failed to meet a deadline for grandfathering it in 1993. A bill never made it out of committee.
"In the short term, voter approval merely means that New Jersey's voters are willing to add a new form of gambling to the state constitution," said gaming attorney Stephen D. Schrier of Blank Rome L.L.P. in Princeton. "However, by passing this referendum, the proponents of sports betting can move ahead to either force a change to PASPA by having a court overturn it, or seek to have Congress voluntarily change or repeal PASPA."
State Sen. Ray Lesniak (D., Union), who filed a lawsuit two years ago against the U.S. Justice Department to overturn PASPA, said the state had the same right to the revenue, jobs, and tourism that legal sports betting brought to Nevada.
"The state will be in court early next year to declare the federal ban on sports betting in New Jersey unconstitutional," Lesniak said Monday.
Las Vegas has offered single-game wagering on collegiate and professional sports since 1975. Virtually every casino on the Strip has a sports book that resembles an elaborate theater.
Supporters say sports betting can generate at least $225 million in additional annual revenue for the Atlantic City casinos and racetracks.
"It's another amenity that we can offer that Las Vegas offers," said Resorts Casino co-owner and chief executive officer Dennis Gomes. "Atlantic City needs it."
But Arnie Wexler, former executive director of the Council on Compulsive Gambling of New Jersey, said: "Any time you add or expand new gambling, more people try it, and some new people will get addicted."
Under legislation under consideration in Trenton, bets will not be allowed on any New Jersey collegiate teams or on any college teams playing in New Jersey.