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Regulatory

Congressman Marlin Stutzman Urges Three Indiana Counties to Reject Casino Referendums

Antonina TupikovaBy Antonina Tupikova · Founder, iGaming Times3 min read
Indiana Becomes First US State in 2026 to Ban Sweepstakes Casinos as Governor Braun Signs Prohibition Into Law

Voters in Allen, DeKalb and Steuben counties decide on 3 November whether northeast Indiana can bid for the state's 14th casino, and the congressman who represents all three wants them to say no. The law gives a "no" more weight than a "yes": a county that rejects it cannot ask again.

  • US Rep. Marlin Stutzman, the Republican whose 3rd District covers Allen, DeKalb and Steuben counties, is urging voters to reject the 3 November casino referendums, telling WOWO radio "You're going to actually hurt people"
  • House Enrolled Act 1038, signed by Governor Mike Braun on 4 March, lets the Indiana Gaming Commission (IGC) award one new casino licence in a county that votes yes, and bars a second referendum in any county that votes no
  • The winner must pay $150 million in five annual instalments and commit at least $500 million, with applications due by 1 December and a decision due by 15 April 2027
  • State fiscal analysts estimate $170 million to $230 million a year in adjusted gross receipts, part of it taken from the Anderson racino and the South Bend tribal casino
  • Full House Resorts, which first sought to move its Rising Sun licence north, lost its claim in the rewrite, and its chief executive has signalled it may stay put

The Congressman Who Represents All Three Counties Is Campaigning for a "No"

Stutzman, who faces re-election on the same ballot, set out his opposition in an interview with Fort Wayne station WOWO on 8 October. He said a casino would make gambling more accessible in Fort Wayne and the surrounding area, that addiction would add to demands on public services, and that the "moral decay" he associates with casinos does not fit the region. "You're going to actually hurt people," he said, according to WOWO. In a statement reported by WPTA 21Alive, he backed the nine legislators who voted against the bill, among them Senators Tyler Johnson and Liz Brown.

What a "Yes" Starts and a "No" Ends

HEA 1038, authored by Representative Craig Snow, passed the House 56-37 and the Senate 34-16 on the session's final day, according to 21Alive, and became Public Law 77. It requires each county election board to ask: "Shall inland casino gambling be permitted in (insert the name of the county)?" The IGC may not license a casino in a county that has not approved it, and after a no vote "a second public question under this section may not be held in that county."

iGaming glossary: 430+ terms explained.

A yes opens a door rather than choosing a site. Any US brick-and-mortar casino operator may apply by 1 December 2026, but each application needs a supporting resolution from a majority of the county commissioners and, inside a city, a letter from the mayor. The applicant must commit at least $500 million, with 60% of the initial phase invested within two years of the award and the development finished within five years of opening.

The IGC must publish the applications and a summary by 15 January 2027 and decide, with written findings, by 15 April 2027. It may approve one application or none. The $150 million fee splits $100 million to the state general fund and $50 million to a new fund for localities hit by casino closures; a sale within 10 years costs a further $50 million. IGC guidance says proposals will be public, and its March minutes say applications can be filed only after 5 November.

The Numbers Each Side Is Using

The Legislative Services Agency's fiscal note estimates $170 million to $230 million a year in adjusted gross receipts (AGR), $30 million to $40 million a year for the state general fund and a net $16 million to $20 million for local units, from an opening between fiscal 2028 and 2030, with some revenue displaced from the Anderson racino and the South Bend tribal casino.

The Allen County campaign, Yes for Allen, run by the Advance Fort Wayne Allen County PAC, cites a 2025 CBRE study projecting more than 2,000 permanent jobs and more than $100 million a year in new revenue, including more than $41 million for local government. The PAC told 21Alive in August that its internal polling showed voters split 50-50. The opposing Coalition for a Better Indiana, active in all three counties, calls the question a "blank check" because voters do not know where a casino would go. A study for Steuben County's economic development corporation projected that a site near Interstate 69 would draw 48% of its revenue from Michigan, 38% from Indiana and 14% from Ohio, the Indiana Capital Chronicle reported.

Indiana's 13 casinos reported $188.0 million in taxable AGR in August, led by Hard Rock Casino Northern Indiana in Gary at $33.4 million, IGC figures show. Full House's Rising Star was the smallest at $3.8 million. Chief executive Daniel Lee said on the company's 2025 earnings call that "We make money in Rising Sun," according to Casino.org, which reported that the fee might keep Full House out of the bidding.

iGaming glossary: 430+ terms explained.

Online expansion is not on offer: an online lottery bill, HB 1078, was pulled in January after the House Public Policy Committee chair said lawmakers were "clearly not ready" for any form of online gambling, the Public Gaming Research Institute reported.

A "No" Is Permanent, While a "Yes" Is Only a Start

A county that rejects the question cannot vote again under this law, while one that approves still needs its commissioners, possibly a mayor, a willing operator and the IGC. Stutzman need not win everywhere. If Allen County, which state officials expect to be the likeliest location according to the Capital Chronicle, votes no, the licence can only go to DeKalb or Steuben, where the Steuben study shows the business would rest on visitors from Michigan and Ohio. That is a narrower proposition for a $650 million commitment.

The Fiscal Note Is the Neutral Number in a Polarised Vote

The campaign's $100 million and the fiscal note's $30 million to $40 million for the state plus $16 million to $20 million locally count different things, but voters are being offered the larger figure. The act bars the IGC from deciding on "unverifiable claims", but that standard binds applicants, not campaigns. The harder test is whether any operator will commit $500 million where the pro-casino PAC's own polling shows an even split, in a state that has banned sweepstakes casinos and shelved online lottery, leaving land-based casinos as the only growth route.

The Licensing Round Has Become a Political Campaign First

In Nebraska, DraftKings and FanDuel have put $7 million behind a sports betting ballot question. In northeast Indiana the bidders cannot file until after the vote, so the case is being made by PACs, residents and a congressman. The referendums were added late, after Braun said he would veto the bill without them, according to a Capital Chronicle column.

Stutzman cannot stop the licence on his own, but a no in Allen County would narrow where it can go. The 1 December filings will show whether any operator still thinks the numbers justify the price.

Sources

Citations and primary documents this article references. Captured at the time of writing.

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