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Policy · 5 min

Nebraska Voters Decide Online Sports Betting as Winnebago-Owned WarHorse Leads

A casino-tied online sports betting measure backed by a Winnebago Tribe-owned operator reaches Nebraska voters on Tuesday, with property tax relief and tribal economic strategy in the balance.

Nebraska voters will decide on Tuesday, November 3, whether to legalize online sports betting through a ballot initiative championed by the state's casino operators, led by WarHorse Gaming, a unit of Ho-Chunk Inc., the economic development corporation of the Winnebago Tribe of Nebraska. The Nebraska online sports betting ballot measure is unusual in tribal gaming circles because the largest operator behind it is a tribally owned company operating under state law rather than under a federal tribal-state compact.

The vote arrives at a moment when sports betting and tribal sovereignty are tangled together in many states. In Nebraska the structure is different from the compact-driven models in Wisconsin, Washington or Florida, and that difference is what makes the outcome worth watching across Indian Country.

What the Nebraska measure would do

As described in coverage of the petition drive, the effort consists of two petitions: one that would amend the state constitution's gambling language and another that would change state statute. Together they would allow online sports betting tied to the state's brick-and-mortar casinos. Licensed casinos would run the sportsbooks, and each casino would be permitted up to two online platforms, often called skins. Backers say the revenue would help fund property tax relief. If voters approve, the Nebraska Racing and Gaming Commission would need to adjust its rules by June 1, 2027.

Nebraska voters approved casino-style gambling, including in-person sports betting, in November 2020, and the state's racetrack-based casinos followed. Supporters of the new measure argue that bettors in Nebraska already cross state lines or use unregulated sites, leaving tax revenue on the table. State Senator Eliot Bostar has estimated the state is missing about $32 million a year in tax revenue without online sports betting. Ho-Chunk Inc. chief executive Lance Morgan has also cited polling showing support in the mid-to-high 60 percent range, though that figure comes from the campaign's side and should be read accordingly.

The initiative needed signatures equal to 10 percent of registered voters for the constitutional amendment and 7 percent for the statute, with at least 5 percent of voters in 38 of Nebraska's 93 counties. Backers submitted signatures in early summer, and the Secretary of State has since certified ballot measures for the general election, including this one.

Why a tribally owned operator is leading the campaign

WarHorse operates casinos in Lincoln and Omaha and is described as Nebraska's largest casino operator. It is owned by Ho-Chunk Inc., which is in turn owned by the Winnebago Tribe of Nebraska. That ownership model matters. Unlike a casino on Indian lands regulated under the Indian Gaming Regulatory Act, WarHorse's properties sit on racetrack licenses issued under Nebraska law, which is why the measure runs through the ballot box and the state's own regulator rather than through tribal-state compact negotiations.

For readers following the legal distinctions, our Legal Guide on IGRA and Class III gaming explains why gaming on trust land follows a different path from gaming that a tribal enterprise conducts under state licensing. The Nebraska measure, as reported, governs the state-licensed casinos; it does not describe changes to any compact-based tribal gaming.

The same company is building its next property. WarHorse broke ground in late August on a roughly $100 million casino and hotel in South Sioux City, covered in our report on the WarHorse South Sioux City groundbreaking. The project is expected to include about 600 slot machines, 16 table games and a 100-room hotel, with gaming potentially beginning in late 2027. An online sportsbook tied to that property would extend the tribe's economic reach beyond a single building.

What to watch on and after election night

Ballot initiatives on gambling have a mixed record, and the interplay with tribal interests varies from state to state. Our analysis of ballot measures and tribal gaming shows that tribes sometimes oppose such measures to protect exclusivity and sometimes sponsor them to open new markets. Nebraska is an example of the second pattern, with a tribally owned company among the principal sponsors.

If the measure passes, the practical work shifts to the Racing and Gaming Commission, which must write rules for licensing, skin approvals and consumer protections. Operators will also watch how the commission treats responsible gaming standards and advertising. If it fails, backers have previously indicated a preference for a legislative route, and the issue could return in the next session.

Either way, the vote will be read as a data point on voter appetite for online wagering in a mid-sized state with a tribally owned market leader. Tribal governments with compact-based sports betting, including those in the markets we track in the tribal gaming directory, will study the result for lessons about how voters weigh property tax relief, consumer convenience and the role of locally owned operators.

Results will be available the night of November 3; readers should confirm the outcome with Nebraska's Secretary of State, as final certification follows in the weeks after the election.

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