Voters will have another chance to open the state to casino gambling when they go to the polls in November, barring a reversal of a court decision Thursday.

In a historic, precedent-setting ruling, Lancaster County District Judge Karen Flowers ordered signatures be tallied so a plan to build three casinos has a chance to go on the November general election ballot.

Attorney General Jon Bruning had argued the so-called three-casino initiative is too similar to one thwarted by voters in 2004 to be allowed to go before voters.

The Nebraska Constitution prohibits the same measure either in form or “essential substance” from going before voters more than once every three years.

Flowers called the case one of “first impression,” noting that the constitutional language appeared to have not been debated before passage in 1912.

Her impression was that the 2004 initiative “differs significantly in purpose, object and effect from the three-casino initiative.”

Unlike the three-casino initiative — which would allow construction of one casino in each congressional district — the 2004 plan would have cleared the way for games of chance outside casinos, in communities with populations as low as 300.

“To say that the three-casino initiative and Initiative 420 are the same in essential substance is to ignore those provisions that would have brought gambling, other than casino gambling, into numerous locations throughout the state, something the three-casino initiative doesn’t do,” Flowers wrote.

Secretary of State John Gale had believed the 2004 and 2006 plans were too similar for the three-casino initiative to be allowed on the ballot, so he did not send petition signatures out to county clerks to be verified. That is necessary to insure the needed number of valid signatures are gathered for an initiative to be placed on the ballot.

Even with Flowers’ order that the verification process move forward, Gale has the option not to send the petitions to county clerks for verification because Bruning immediately appealed Flowers’ decision. But Gale has decided not to exercise that option.

“He believes it is prudent to go ahead and verify the signatures to protect the petition process,” said a press release issued by his office. Gale was out of town Thursday.

“He said he is taking this course due to time constraints in checking signatures and the anticipated length of the appellate review,” the release said.

“I recognize this is a novel issue in that this is the first court test of Nebraska’s resubmission rule,” said Gale in a statement, referring to the constitutional restriction on similiar ballot proposals.

Sept. 15 is the last day Gale can certify candidates, offices and issues to be placed on the ballot.

While Flowers disagreed with both Gale and Bruning on the question of presenting the main three-casino plan to voters, she agreed that the proposal on how casino revenues should be spent should be withheld because it is too similar to a 2004 plan.

The partner initiative to the main, three-casino casino initiative proposed splitting most casino revenues between the state’s schools, the racing commission and gaming control board, and a fund that helps treat compulsive gamblers.

Greg Lemon, chairman of the committee pushing the casino plan, which is backed by Las Vegas interests, said that leaving the funding mechanism off the ballot simply means revenue dispersion may have to be addressed by the Legislature should the three-casino plan pass. Also, he said, there already is a law on the books following the 2004 election that would require casinos be taxed and the revenue go to the state’s general fund.

“We’re very pleased the court agreed with us” on the main question of whether the three-casino plan should be allowed, Lemon said.

A leader of the group that has fought gambling initiatives seemed surprised at the decision Thursday.

“I’m disappointed with it,” said Pat Loontjer. “We thought it was a no-brainer — they did it less than three years ago so they shouldn’t be able to come back. But they have more money than God, so I guess they’ll be able to harass Nebraska voters again.”

Reach Nate Jenkins at 473-7223 or njenkins@journalstar.com.