Gamers’ relatives given OK to make political contributions

Friday, Dec. 18, 1998 | 11:54 a.m.

Kelley on Thursday ruled unconstitutional parts of the state Gaming Control and Revenue Act "to the extent they prohibit political contributions" by a spouse, parent or child of a licensee or person with an interest in a casino.

He said such restrictions violate the First Amendment to the U.S. Constitution and therefore are unconstitutional.

And he ruled the state cannot retroactively prohibit political contributions by license applicants to candidates for office, in an attempt to ban such donations for one year before applying for a license.

Kelley's rulings were made in response to queries from state House Speaker Curtis Hertel, D-Detroit. But he upheld other restrictions, notably a ban on political contributions by licensees themselves.

Kelley's rulings will have the force of law, unless challenged in court and overturned.

Hertel was not immediately available for comment. State Sen. Michael Bouchard, R-Birmingham, who managed the casino control act in the Senate, also was unavailable.

An aide to Bouchard said he was aware of the ruling but had not yet read it.

In his ruling, Kelley noted that the state "has a compelling interest in preventing corruption in the casino-related political process." And he said contribution limits furthered that interest.

But he said such restrictions must be "narrow in scope" to prevent corruption. And he said the law impermissibly extend the restrictions to "other persons who may have no stake whatever in the casino-related political process."

But Kelley noted that the unconstitutional parts of the law are "severable," meaning that the rest of the law can remain in effect.