TRENTON — A New Jersey constitutional law expert told an Assembly committee Monday that a referendum won't be necessary to allow online casino gambling if the bets are processed though Internet servers in Atlantic City.
John B. Wefing, a professor at Seton Hall University who has taught numerous courses dealing with constitutional law and the state judiciary, said the 1976 referendum legalizing casino gambling in Atlantic City contained "broad" language, allowing "wide discretion to a Legislature to determine what games are allowed in Atlantic City."
Wefing was an invited guest to the Assembly Regulatory Oversight and Gaming Committee's second public hearing of a bill (A-2578) that would allow residents from any location in the state to play poker and other casino games online if the servers, hubs and other computer infrastructure are sited within Atlantic City.
Assemblyman Ruben J. Ramos, D-Hudson, chairman of the panel, said lawmakers could take action to legalize the new form of betting later this year.
"We'll have more discussion and try to clean the bill up and try to resolve this in the best way and do it the right way, whether we have to go for a vote by the public or just do it through the Legislature," Ramos said. "We'll try to make that decision in the next couple of months. "
A similar bill was approved and sent to Gov. Chris Christie last year, but Christie vetoed it, writing in his veto message that "the creation of a legal fiction deeming all wagers to have 'originated' in Atlantic City cannot overcome the clear and unambiguous language of the state constitution."
Wefing said Christie probably should have signed the bill if he supported other elements of it, letting the courts handle any challenges.
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