Kansas Statutes 74-8737. Lottery gaming facility; county election required; waiver
(a) The board of county commissioners of each county in each gaming zone shall submit by resolution to the qualified voters of the county a proposition to permit the operation of a lottery gaming facility within the county as provided in this section. The proposition shall be submitted to the voters at a special election called by the board of county commissioners for that purpose and held not more than 180 days after the effective date of this act.
(b) Upon the adoption of a resolution calling for an election pursuant to this section, the county election officer shall cause the following proposition to be placed on the ballot at the election called for that purpose: “Shall the Kansas lottery be authorized to operate a lottery gaming facility in _________ county?”
Terms Used In Kansas Statutes 74-8737
- Commission: means the Kansas lottery commission. See Kansas Statutes 74-8702
- Executive director: means the executive director of the Kansas lottery. See Kansas Statutes 74-8702
- Gaming zone: means : (1) The northeast Kansas gaming zone, which consists of Wyandotte county; (2) the southeast Kansas gaming zone, which consists of Crawford and Cherokee counties; (3) the south central Kansas gaming zone, which consists of Sedgwick and Sumner counties; and (4) the southwest Kansas gaming zone, which consists of Ford county. See Kansas Statutes 74-8702
- Kansas lottery: means the state agency created by this act to operate a lottery or lotteries pursuant to this act. See Kansas Statutes 74-8702
- Lottery gaming facility: means that portion of a building used for the purposes of operating, managing and maintaining lottery facility games. See Kansas Statutes 74-8702
- Parimutuel licensee: means a facility owner licensee or facility manager licensee under the Kansas parimutuel racing act. See Kansas Statutes 74-8702
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(c) If a majority of the votes cast and counted at such election is in favor of approving the operation of a lottery gaming facility within the county, the Kansas lottery may operate a lottery gaming facility in such county, subject to the provisions of this act. If a majority of the votes cast and counted at an election under this section is against permitting the operation of a lottery gaming facility within the county, the Kansas lottery shall not operate a lottery gaming facility in such county. The county election officer shall transmit a copy of the certification of the results of the election to the executive director.
(d) The election provided for by this section shall be conducted, and the votes counted and canvassed, in the manner provided by law for question submitted elections of the county.
(e) The lottery commission may waive the requirement that an election be held pursuant to this section if the lottery commission determines that after December 31, 2004, and before the effective date of this act, the county has held an election of qualified voters pursuant to the county’s home rule authority: (1) At which the ballot question was in substantial compliance with the requirements of this section; (2) which was administered by the county election officer in a manner consistent with the requirements of state election law; and (3) at which a majority of the votes cast and counted was in favor of the proposition.
(f) The question of the operation of a lottery gaming facility in a county may be submitted at the same election as the question of placement of electronic gaming machines at a parimutuel licensee location in the county under Kan. Stat. Ann. § 74-8743, and amendments thereto.