Uncertainties Remain on Indian Gaming Issues

Tuesday, Nov. 26, 1996 | 11:59 a.m.

Results of the Nov. 5 general election were officially canvassed Monday. Under the Arizona Constitution, that set the stage for the governor to act "forthwith" to issue proclamations of passage for ballot measures approved by voters, thereby allowing the measures to become law.

It's not clear how long Symington may take to act on the measures, which include one he opposed that deals with gaming compacts.

The state Supreme Court's chief justice discussed the situation informally on Monday, speaking in terms of hours or days. Separately, a Symington spokesman raised the possibility that Symington could take until late December to decide.

Proposition 201 requires that the governor execute gambling compacts with any requesting tribe. Voters on Nov. 5 approved the measure 858,903 or 64 percent to 484,544 or 36 percent, according to Monday's official vote canvass.

His legal stand bolstered by federal court decisions elsewhere on Indian gaming regulatory issues, Symington had refused to approve additional compacts beyond the 16 approved previously.

That prompted the Salt River Pima-Maricopa Indian Community to sponsor the successful drives for ballot placement and passage of Proposition 201. The tribe has prime potential locations for casinos on reservation land abutting the Phoenix suburbs of Scottsdale, Tempe and Mesa but has no compact.

On election night, after it became clear that voters had overwhelmingly approved Proposition 201, Symington said he has the legal authority to refuse to sign the measure into law because it was passed by a majority of votes cast, not a majority of registered voters.

However, he didn't commit then to refusing to sign the measure and, after extensive criticism of his position, played down the possibility.

As of Monday, Symington press secretary Doug Cole declined to say whether the governor would sign Proposition 201 but left that door open.

"We are moving forward with good-faith negotiations as expressed by the will of the people," Cole said, referring to compact talks that the state and the Salt River tribe began after the election.

Cole cited then-Gov. Bruce Babbitt's waiting until late December in 1986 to act on a campaign finance measure approved by voters. While other governors acted sooner, "that's the window from the past that we feel is applicable," Cole said.

State officials participating in Monday's vote canvass were asked how long the governor has to sign a proclamation.

"I don't think anybody knows," said Secretary of State Jane Hull, who was acting as governor at the canvass signing because Symington was out of state.

Supreme Court Chief Justice Stanley Feldman then said, "Immediately means immediately. Everybody knows what immediately means.

"When and if we have a case we'll decide what it means, and I don't want to have a case about it. I assume he'll sign it promptly when it's ready and when he's back.

"And when you come down to it, whether it's an hour's difference or a day's difference, it's not the end of the world," Feldman added.

Meanwhile, state Gaming Director Gary Husk said the compact negotiations with the Salt River tribe have yet to reach two major issues, whether to limit the tribe's ability to sue the state and whether to limit where casinos could be located within the tribal community.

Symington has said he would accept casinos only along State 87, near a casino belonging to the adjacent Fort McDowell Mohave-Apache Indian Community and not on Salt River tribal land near Scottsdale, Tempe and Mesa.