House Leaders Claim Gov. Stitt Overstepped Authority With New Gaming Compacts

House and Senate GOP leaders sent a letter to Governor Stitt this week telling him he overstepped his authority in signing two new gaming compacts with the Comanche Nation and Otoe-Missouria Tribes.

In the letter, House Speaker Charles McCall and Senate President Pro Temp Greg Treat say the governor does not have the authority to include sports betting because it has not been heard or voted on by the legislature in any bills.

The two also ask the governor to stop submitting the compacts to the U.S. Department of the Interior to be approved, because they say it would be quote "untimely, inappropriate and a waste of resources."

Otoe-Missouria Tribe Chairman John R. Shotton and Comanche Nation Chairman William Nelson, Sr. released the following statement:

“We respect the Governor and the Attorney General, who both have a track record of supporting tribal sovereignty.  We believe the compact language is consistent with both positions as it says event wagering will be permitted only ‘to the extent such wagers are authorized by law.’ We remain focused on the momentum established with new gaming compacts that anticipate the future of the gaming market, expand opportunity for all parties for generations to come and leave behind the one-size-fits-all approach to the old Model Gaming compact.

In other words, so long as such wagering is unlawful, the Otoe-Missouria and Comanche Nation would not be permitted to engage in such gaming under the express language of the compacts.   Although state law currently does not authorize event wagering, the compacts nonetheless included such language in anticipation that the state legislature will eventually see event wagering as an important source of revenue, and authorize the activity accordingly. There is absolutely nothing unlawful about entering into a compact that guides the parties’ behavior and expectations in contemplation of potential future events. In fact, the 2005 compacts also contained provisions that would authorize new forms of gaming in the event that such gaming would be ‘approved by state legislation for use by any person or entity.’ The event wagering provisions of the new compacts are fully consistent with the language of the 2005 compacts.”

Governor Stitt's office also responded, saying:

“A number of legal experts thoroughly researched and considered the interpretation of federal law for negotiating Events Wagering, and the interpretation of State law regarding the authority and role of the Governor to compact with Tribes. They are confident in the Governor’s authority and the validity of the compacts, under both state and federal law, and are focused on the momentum established by the new gaming compacts, which usher in a bright future for Oklahoma’s gaming market, leave behind the one-size-fits-all approach to the old Model Gaming compact, and expands opportunity for all parties for generations to come.”  – Baylee Lakey, Communications Director