Two California Sports Betting Ballot Initiatives Submitted to Attorney General, But Tribes Are Not in Favor

• Two California sports betting ballot initiatives were filed last week to the Attorney General’s office
• Voters roundly defeated a sports betting ballot initiative in 2022
• The major California Tribes are not in favor of these initiatives

Two California sports betting ballot initiatives were submitted to the Attorney General’s office late last week, with both seeking to give sports betting exclusivity to California tribes and keep non-tribal operators out of the state.

Despite the initiatives proposing complete California tribal control of sports betting in the state, several major tribes voiced their displeasure with the measures and their lack of input on the potential pieces of legislation.

“The California Nations Indian Gaming Association is deeply disappointed that the sponsors of the two recently filed initiatives did not first reach out to the State’s largest tribal gaming association for consultation and input. Instead, CNIGA and our member tribes were alerted to their existence when they were filed with the Attorney General today,” the California National Indian Gaming Association said in a released statement on Oct. 27.

Sports Betting Initiatives for 2024

Ryan Tyler Walz and Reeve Collins are listed on the ballot initiatives as proponents. The Tribal Gaming Protection Act (23-0031) and The Sports Wagering Regulation and Tribal Gaming Protection Act (23-0030) are aiming for a position on the 2024 general election ballot in the state.

The measures hope to legalize retail and online sports betting for California tribes, while prohibiting retail and online sports betting for any entity other than a state tribe.

“Online and in-person sports wagering must be well-regulated by Indian tribes, the federal government, and the State of California, to stamp out the black market of illegal gambling operations and to allow adults, whose age-eligibility has been verified in person, the choice to participate in this activity with strong consumer protections,” according to the Sports Wagering Regulation and Tribal Gaming Protection Act.

To appear on the Nov. 5, 2024, general election ballot, the proponents of the initiatives will have to collect 874,641 valid signatures over the next four months. The state suggests that signatures should be collected over six months to ensure success.

If approved, tribes would be required to submit 15% of of its adjusted sports wagering gross gaming revenue into the Tribal Sports Wagering Revenue Sharing Trust Fund, and to contribute 10% of its adjusted sports wagering gross gaming revenue into the California Homelessness and Mental Health Fund.

The legal age to bet would be 21 and any online sports betting account would have to be registered in-person at a tribal casino. Sports betting could not start in the Golden State until Sept. 1, 2025, at the earliest.

Tribes Not In Favor of Initiatives

Victor Rocha, conference chairman of the Indian Gaming Associates, had harsh words for the ballot initiatives.

“This thing is so dead. Kasey Thompson and Ryan Tyler Walz are morons. You heard it hear first,” Rocha tweeted on X.

This thing is so dead. Kasey Thompson & Ryan Tyler Walz are morons. You heard it here first. https://t.co/vQL8cDE9cs

— Victor Rocha (@VictorRocha1) October 28, 2023

The California National Indian Gaming Association noted in a statement that decisions for the future of tribal government “should be made by tribal governments.”

“While the sponsors of these initiatives may believe they know what is best for tribes, we encourage them to engage with Indian Country and ask, rather than dictate.”

CNIGA was founded in 1988 and is comprised of 52 federally recognized tribal governments and associate members who are dedicated to the tribal government gaming industry.

Initiatives Crashed and Burned in 2022

Two California sports betting initiatives were on the November 2022 ballot and both failed to receive more than 30% of the vote.

Prop 27, the “California Solutions to Homelessness and Mental Health Support Act,” only received 16.6% votes in favor of the proposition, well below the necessary 50% for legalization. Prop 27 aimed to legalize California online sports betting for operators partnered with California Tribes.

Prop 26 fared slightly better in the Golden State. Prop 26 received 29.9% yes votes, but again fell well short of what was needed for legalization. Prop 26, “Tribal Sports Wagering Act,” would have legalized retail sports betting for California Tribal Casinos, four state racetracks, and expanded gaming opportunities for tribal casinos.

Both propositions faced uphill battles during the general election. With no president election in 2022, voting turnout was always expected to be low in the state, and confusion was also expected among voters with numerous sports betting initiatives on the ballot.