An attorney for anti-gambling activist Pat Loontjer asked the court Wednesday to keep the measure off the November ballot, while a state attorney defended it as constitutional.
Loontjer's attorney, Steve Grasz, says the measure forces voters to cast a ballot on separate issues; whether to allow the machines and how the money is spent. Opponents also say the measure's promise of money for schools and property tax relief is misleading.
Supporters say the issue was vetted by the Legislature and still requires voter approval. Assistant attorney general L. Jay Bartel notes that the secretary of state's office reviewed and approved the language.
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