MONTGOMERY, Ala. - A proposed state lottery will not be on the November ballot after opponents used a procedural rule to block a House committee vote Tuesday.
Although the bill is still alive in the ongoing special session, the legislative stumbling block dashes hopes of getting a lottery proposal before voters during the November election, a race guaranteed to bring large voter turnout because of the presidential race.
The Senate-passed bill would have had to clear a committee Tuesday - and secure final approval by Wednesday - to meet a deadline to get on the Nov. 8 ballot.
Lottery opponents invoked a rule requiring a four-fifths vote of the House for a committee to meet while lawmakers are in session.
"There was a procedural move made that basically will not allow our citizens to vote on this lottery," said Rep. Alan Harper, R-Northport. "I don't know if the lottery bill is dead. I do think we will bring it back up again - whether it's in this session or a future session - but I'm disappointed that the citizens of Alabama did not get their opportunity to have their say."
Harper's committee had scheduled a public hearing on the bill while the House was in session. Such permission to meet is given routinely, but opponents seized on a legislative rule that requires a four-fifths vote as a means to stall the controversial measure that had appeared to be on the legislative fast track.
"You are talking about a bill that affects the constitution of Alabama. It took five days to work that bill through the Senate. I think the House, especially with a substitute bill in committee, should have an opportunity to research, read that bill and debate that bill without it being rushed through," said Rep. Ken Johnson, R-Moulton.
Johnson, who made the motion that blocked the committee meeting, said he opposes a lottery because he believes it would drain dollars from the economy as people spend their money on tickets. House members voted 59-33 to let the committee meet, but 74 yes votes were required.
Gov. Robert Bentley is seeking the first statewide vote on a lottery since Alabamians voted down a lottery proposed by then-Gov. Don Siegelman in 1999.
Bentley on Tuesday urged lawmakers to keep working on the legislation, saying a special election could be called if needed. Bentley brought lawmakers into special session to consider the lottery bill and other means to get money to the state's Medicaid program.
"This bill is not dead," Bentley said in a press conference outside the Alabama Capitol. "Obviously there is a delay in when the election could be held."
The governor urged lawmakers to think of the 1 million Alabamians, the majority of whom are children, who depend on Medicaid for health care. He said that without a long-term fix for Medicaid, the state cannot continue a switch to managed care and will lose more than $700 million in federal funds promised to help with that transition.
"We cannot take our minds off the people we serve in this state," Bentley said.
The Alabama Senate approved the lottery bill on a narrow vote last week.
House Minority Leader Craig Ford, D-Gadsden, Ford said the failure to schedule the meeting before the House came into session was an error that, "cost the state $3 million," the approximate price tag of a special election.
"They are afraid to let the people vote," Ford said.
The House Economic Development and Tourism Committee will try again Wednesday on the bill. The committee scheduled a 4 p.m. meeting to discuss the legislation.