Another Attempt to Legalize Online Poker in North Dakota
 

This article:

http://www.pokerpages.com/articles/a...fairs-0011.htm

discusses the renewed attempt to legalize online poker in North Dakota. This was tried before but failed when the DoJ weighed in on the matter and the ND senate got cold feet.

Interestingly, the online poker operator would be precluded from engaging in sportbetting activity.

My question is - will they be able to take action from US residents outside of North Dakota? If so, this would be a groundbreaking development. Somehow I think they won't be able to, though I could foresee them being able to take action from non-US residents.

Any thoughts?

Re: Another Attempt to Legalize Online Poker in North Dakota
 

Interesting that this ND Rep. is requesting online poker sites to contact him to help support this measure.

I wonder if any sites are working with them. (The great State of North Dakota!) Any sites care to comment?

Re: Another Attempt to Legalize Online Poker in North Dakota
 

They won't be able to take players from other states because that would allow the federal government to step in.

It would still be a huge step in the right direction though.

Re: Another Attempt to Legalize Online Poker in North Dakota
 

Getting the bill passed would be a huge step, getting enough players to keep the site active would be a challange as well.

The tricky question...if ND opened a skin for online poker. Say for example, a pokerroom skin (in order to have a large player base) and only allow ND residents use that skin, would it still be legal?

Re: Another Attempt to Legalize Online Poker in North Dakota
 

[ QUOTE ]
Getting the bill passed would be a huge step, getting enough players to keep the site active would be a challange as well.

The tricky question...if ND opened a skin for online poker. Say for example, a pokerroom skin (in order to have a large player base) and only allow ND residents use that skin, would it still be legal?

[/ QUOTE ]

Good question. Another question: If another state also made it legal, would wagering between those states also automatically involve the federal Government?

Re: Another Attempt to Legalize Online Poker in North Dakota
 

this is awesome...ND here I come!!!!

Re: Another Attempt to Legalize Online Poker in North Dakota
 

[ QUOTE ]
They won't be able to take players from other states because that would allow the federal government to step in.

It would still be a huge step in the right direction though.

[/ QUOTE ]
The federal government has the power to regulate interstate commerce, that doesn't mean interstate commerce is illegal except as permitted by the federal government. If ND allows out-of-state players to play and there is not a conflicting federal law, it would be legal. (I think under the language of several federal bills, online sites would be allowed if permitted by the states.) Even if ND only permits residents to play, the federal government probably has the power to stop it under the interstate commerce clause as it has been broadly-interpretted.

In sum, it's not black-and-white and would depend on specifics and how things progress.

Re: Another Attempt to Legalize Online Poker in North Dakota
 

how interesting that ND is commonly viewed as a backwards state and a very conservative area, yet has the foresight to accept online gambling. the peace garden state baby!

Re: Another Attempt to Legalize Online Poker in North Dakota
 

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how interesting that ND is commonly viewed as a backwards state and a very conservative area, yet has the foresight to accept online gambling. the peace garden state baby!

[/ QUOTE ]

Because it's pretty much only one guy. Fortunately for us, that one guy is a politician.

Re: Another Attempt to Legalize Online Poker in North Dakota
 

If there is not a conflicting federal law, I think it would be legal to accept non resident players. Also, I think any State that has banned online gambling (like Washington where it is a felony) could have their law declared unconstitutional as it infringes on interstate commerce.

Re: Another Attempt to Legalize Online Poker in North Dakota
 

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law declared unconstitutional as it infringes on interstate commerce.

[/ QUOTE ]

Any legal types that could enlighten us on this? It sounds like a good thing.

Re: Another Attempt to Legalize Online Poker in North Dakota
 

[ QUOTE ]
[ QUOTE ]
law declared unconstitutional as it infringes on interstate commerce.

[/ QUOTE ]

Any legal types that could enlighten us on this? It sounds like a good thing.

[/ QUOTE ]

I don't see it happening. It has to be a substantial burden on interstate commerce without a legitimate non-discriminatory justification (or something; it's close enough). Here, other than drying up the supply of fish, one state banning online poker does not prevent or impair residents of other states playing. Protecting their own residents, rather than intentionally affecting residents of other states, would motivate a state to ban online gambling. I don't see a court holding that a state doesn't have a legitimate interest in regulating gambling. States regulate gambling up the wazoo.

See http://en.wikipedia.org/wiki/Dormant_Commerce_Clause and http://en.wikipedia.org/wiki/Kassel_...ightways_Corp.

This issue is also so distantly remote as to be an extreme non-issue.

Re: Another Attempt to Legalize Online Poker in North Dakota
 

I thought this post needed a bump. Start pushing for legalized online gambling in your state. I'm not really sure how to get something on the ballot (other then petitions?). I figure if a bunch of pot smokers can get a legalize marajuana bill on the ballot, the affluent poker community should be able to get thier own bill.