Lottery lawsuit could delay games
Monday, March 20, 2006 posted 10:38 AM EST
RALEIGH, N.C. – The first scratch-off games have been unveiled and computer terminals have been installed at thousands of convenience stores, but the North Carolina Education Lottery will have to get past one more hurdle before the first tickets are sold.
A conservative group that claims lawmakers violated the state constitution when passing the lottery law filed a suit that could put the games on hold or even stop them.
The North Carolina Institute for Constitutional Law believes buying a lottery ticket is the same as paying taxes. Since the state constitution treats tax bills differently from other legislation, they contend the House vote approving the lottery is invalid because it wasn't voted on three separate days.
"The purpose of the three separate days is so that you don't have a rushed vote on legislation of a critical nature, which obviously revenue bills are of a critical nature," said former North Carolina Supreme Court judge Robert Orr, the lead attorney for the group fighting the lottery.
Orr says there's no loss if the games don't start on time – no tickets have been sold and no money has been collected. And if the law was broken, it doesn't matter "how fast the train is going or who is driving it," the lottery should be stopped.
Supporters say the lawsuit won't hold up in court because the lottery is not a tax.
The first scratch-off tickets are scheduled to hit the stores March 30.
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