I just had an epitome while sleeping, and it was enough to jolt me awake and come down to post on 2+2 (something I haven't done at years). In many states, citizens have the ability to pass their own legislation, often with far more effect than congress does. I'm betting ballot initiatives have been discussed, but I was curious if the idea that I had has been.

Rather than do an initiative that blatantly legalizes poker gambling and paves the way for casinos, how about something more simple and less controversial? How about simply focus on getting poker legally defined as a game of skill? Although I am not a lawyer, I believe this would also indirectly shield poker from the Wire Act, because I believe the Wire Act only applies to illegal gambling. In most states, playing skill games for stakes is legal (think chess tournaments with cash prizes), and therefore the act of playing poker online in the privacy of ones own home would not be defined as illegal gambling. I think something like this could ride the current populist sentiment that's out there (99%!).

To do a ballot initiative, it takes many thousands of signatures and lots of money. The real cost lies in the advertising campaign that follows getting the initiative on the ballot. If there are in-state vested interests (b&m casinos, state lottery, etc.) who are against the competition, you can bet that they will campaign against it. In this case, figure the cost to run an effective campaign to be in the millions.

Also a simple "poker is a skill game" initiative may not be enough. First off, it doesn't change anything in regards to the Wire Act. The Wire Act does not depend on a state definition of gambling to determine what is or is not illegal. It can help in regards to the UIGEA, but there are other pitfalls such as possible unpleasant income tax implications (no deductions for losing sessions).

Your idea is a possible path to i-poker in the US, but it's probably longer and more expensive than federal or state legislative bills.

PPA tried something like this in MA (a way to get around the processing issues of the UIGEA). AG denied the initiative for political reasons.

The PPA does not want to push any state wide initiatives because they really don't want states to start regulating. The PPA wants a federal regulation system, instead. Signatures are easy to obtain if you have a grassroots organization.

Signatures are easy to obtain even if you don't have a grassroots organization (paid-for services). The hard part is the millions of dollars it costs to run a successful advertising campaign to get the initiative passed. And that's just for one state.

If that one state were CALIFORNIA, it would make a huge difference.