Earlier this month, the chances of a mobile sports betting bill passing the legislature appeared promising, but it became clear in a second round of voting that there were not enough votes to meet the required threshold.
Support Withers
A filibuster proved to be the death knell for Senator Eliot Bostar’s constitutional amendment, LR 20CA, that would have allowed Nebraskans to vote on mobile sports betting. After surviving a first round of voting, 27-16, with six lawmakers abstaining, the measure failed to gain the required support in the second round.
In Nebraska, a filibuster raises the minimum threshold from 30 to 33 affirmative votes in order to pass legislation. It soon became clear that this would not be the year for passage of the bill after a four-hour filibuster prompted Bostar to pull the bill from the docket.
However, the measure can be carried over to next year and possibly put on the 2026 ballot. Nebraska is one of the few states that has launched retail sports betting at the state’s four casinos but has yet to pass a bill for the far more lucrative mobile sports betting industry.
Governor Jim Pillen has voiced his support for Nebraska entering the online sports betting industry, saying last year, “Online sports betting is real, and it is happening in the state. Whoever wants to do it is doing it, and we’re giving all the revenue to our neighbors. I will put forth, and it will be a priority bill, in January to approve online sports betting.”
It’s Already Happening
Despite his enthusiasm, the governor’s appeal did not sway opposition lawmakers. However, there does appear to be growing support for a mobile sports betting referendum, with Lynne McNally, the government relations director for the WarHorse Casino in Lincoln, among them.
“Online sports betting would be a viable way to reduce the property tax burden since it would bring approximately $30 to $32 million per year in additional tax revenue for the state. We had the first bricks-and-mortar sportsbook in the state of Nebraska. We’re doing well and are very pleased with it. However, online betting dwarfs retail in every single state they have it.”
As Governor Pillen alluded to, Nebraskans are crossing the border to make sports bets in neighboring states that have legalized mobile sports betting. All of that tax money that could be staying in Nebraska is going to Colorado, Iowa, Kansas and Wyoming, which has become a bone of contention for supporters.
“I introduced this not because I think gambling is a great thing, not because I want everyone to do it, not because I think you should like it, or anyone should, but fundamentally because it’s already happening,” Senator Bostar said. “Our prohibition on mobile sports betting here in the state of Nebraska is not stopping anyone from engaging in that activity.”
Senator Jason Prokop has witnessed the migration from Nebraska to Iowa to place an online sports bet himself, stating, “There’s no reason why a cornfield in Iowa, just off the interstate, should be touted as the busiest cornfield in America. Senators, those are your and my constituents using this product, spending their money and paying taxes in another state, simply because our Constitution does not provide for it.”
Opponents cited a potential rise in problem gambling, with one legislator, Senator Robert Dover, even claiming suicide rates would spike with the legalization of mobile sports betting, although there is no statistical data to bolster that assertion.