Another Attempt to Legalize Online Poker in North Dakota

[blueodum]

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?

[O Doyle Rules]

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?

[MagCFO]

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.

[Bilgefisher]

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?

[ubercuber]

[ 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?

[ASD99]

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

[Aardhart]

[ 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.

[thedarknight]

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!

[Ron Burgundy]

[ QUOTE ]
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.

[The Comish]

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.