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§ 3. Lotteries. Lotteries and the sale of lottery tickets are forever prohibited.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 65; January 29, 1861.

Attorney General's Opinions:

Crimes against the public morals; illegal bingo operation. 82-221.

Lotteries; gambling. 85-15.

Lotteries. 86-35.

Lotteries. 86-50.

Parimutuel racing; Kansas parimutuel racing act; robotic racing; betting in public buildings. 88-81.

Payment of cover charge to enter establishment and be eligible to participate in poker tournament constitutes "consideration"; prizes awarded are unlawful. 2005-4.

Section is not self-executing. 2015-6.

Fantasy sports leagues are games of skill and not a lottery. 2015-9.

CASE ANNOTATIONS

1. Scheme for distribution of prizes by chance is a "lottery." The State, ex rel., v. Mercantile Association, 45 Kan. 351, 353, 25 P. 984.

2. Operating "lottery" is "unlawful calling" under crimes act. In re Smith, Petitioner, 54 Kan. 702, 707, 708, 39 P. 707.

3. Quo warranto; theater bank night held scheme in nature of lottery. State, ex rel., v. Fox Kansas Theatre Co., 144 Kan. 687, 692, 62 P.2d 929.

4. Information charging violation of lottery statute (21-1502) held sufficient. State v. Brown, 173 Kan. 166, 168, 244 P.2d 1190.

5. Parimutuel betting operations on dog races held a lottery and sale of lottery tickets. State, ex rel., v. Bissing, 178 Kan. 111, 112, 119, 283 P.2d 418.

6. A television "give-away" program held not a lottery, does not offend this provision. State, ex rel., v. Highwood Service, Inc., 205 Kan. 821, 822, 825, 826, 473 P.2d 97.

7. Prohibition self-executing; statutes attempting to avoid judicial construction hereunder are void; K.S.A. 21-4302(1)(d) and (3) unconstitutional. State v. Nelson, 210 Kan. 439, 444, 502 P.2d 841.

8. Class A private clubs with federal income tax exemption eligible for bingo license under K.S.A. 79-4701 et seq. State, ex rel., v. Kalb, 218 Kan. 459, 465, 543 P.2d 872.

9. Cited in holding K.S.A. 79-4706(q), (r) and (s) valid and constitutional. Bingo Catering & Supplies, Inc. v. Duncan, 237 Kan. 352, 699 P.2d 512 (1985).

10. Provisions for breaking tie election vote by lot (25-3108) not an unconstitutional lottery. Lambeth v. Levens, 237 Kan. 614, 623, 702 P.2d 320 (1985).

11. Cited; governor lacked legislative authority to bind state in negotiating with Kickapoo nation on gaming compact. State ex rel Stephan v. Finney, 251 Kan. 559, 569, 836 P.2d 1169 (1992).

12. The term "lottery" construed as used in Kansas Constitution for Indian gaming regulatory act purposes. State ex rel. Stephan v. Finney, 254 Kan. 632, 633, 636, 642, 645, 651, 867 P.2d 1034 (1994).

13. Whether "games of bingo" as authorized by Article 15, § 3a may be defined by Legislature to include instant bingo examined. State ex rel. Stephan v. Parrish, 256 Kan. 746, 747, 887 P.2d 127 (1994).

14. Cited in opinion upholding the constitutionality of the Kansas expanded lottery act. State ex rel. Six v. Kansas Lottery, 286 Kan. 557, 559, 186 P.3d 183 (2008).