What is the Biggest Hurdle to a Successful Georgia Sports Betting Bill?

Expectations for the future of Georgia sports betting have officially reached a stage of unpredictability.

Previously, each new year was punctuated by prevailing beliefs that The Peach State would give the green light to legal sports wagering. That optimism, of course, was borne from failures. 

In basically every year since the United States Supreme Court overturned the Professional and Amateur Sports Protection Act in 2018, some form of legislation that would legalize sports betting in Georgia has been on the table. While support on the subject has seemingly increased almost year over year, no measure has ever been on the verge of success. That includes this past year’s attempt. A bill to legalize Georgia sports betting failed during legislative sessions amid various disagreements. 

The sheer number of misses is enough to make you think intrigue waning. And yet, this number is also a driving force behind rosier outlooks. 

Given the sheer number of times policymakers in The Peach State have discussed the matter, there appears to be enough interest for it to eventually get over the hump. But on the heels of another flop, the question is: What, exactly, will it take for that to happen?

Failed Attempts to Legalize Georgia Sports Betting Provide Clues for the Future

We’ve officially lost count of how many Georgia sports betting bills fell by the wayside over the years. At least a half-dozen have received formal consideration. Here’s a look at some of the proposals discussed since 2018:

• Senate Bill 57
• House Bill 380
• Senate Resolution 140
• Senate Resolution 135
• House Bill 237
• Senate Bill 386

Senate Bill 386 (SB 386) is the most recent one to have received consideration. Unlike past attempts, though, the measure wound up dying upon arrival in the House of Representatives. Previously, we have seen the House throw more support behind Georgia sports betting legislation.

Two factors led to SB 386’s failure that will be critical to consider in future bills. First and foremost, as the initiative itself outlines, it was only a slight bi-partisan bill. That means support skewed more toward one party. In this case, it was being driven by the Republican party.

Pieces of legislation that tilt too heavily towards the partisan end of the spectrum are always a risky proposition. That is especially true when it comes to sports betting in the United States. 

For the most part, states that have legalized it did so through fully bi-partisan efforts. Those initiatives are always most effective at casting the widest possible nets. When one party shapes too much of a bill, it’s far more likely to get caught up in political-affiliation red tape. Not all Democrats are open to considering Republican-driven legislation. And not all Republicans will give adequate time and space to largely Democrat-steered proposals.

To be sure, this isn’t always the case. But for Georgia sports betting, specifically, it probably needs to be. 

Does The Peach State Need a Constitutional Amendment to Legalize Sports Betting?

The other primary issue at play is the method by which Georgia sports betting will be legalized. More recently, a mounting number of lawmakers believe sports wagering does not require a constitutional amendment. In fact, the initial form of SB 386 sought to legalize it without one. However, as the Atlanta Journal-Constitution noted, the Senate reworked the terms of the bill to incorporate the need for an amendment:

“[On February 1, 2024], Senator Clint Dixon’s (R-45) Georgia sports betting bill, SB 386, was approved 35-15 by members of the Senate, but amended to require the need for a constitutional amendment before going into effect. If approved by the House of Representatives, Georgia voters would have the final say on sports betting at the 2024 November general election. If approved by voters during the upcoming election, sports betting would likely launch in 2025.”

Though the Senate invariably approved these changes, SB 386 would wind up dying in the House of Representatives. This is to say, it wasn’t even voted upon. It just sat there.

Officially, it isn’t clear whether the constitutional amendment was the final sticking point. But there were a good number of sportsbooks in the United States that supported the path without an amendment. Their thinking, of course, was that this set the stage for George sports betting to launch sooner. It also ensured the efforts couldn’t be undermined by adverse polling returns.

To that end, many believe that if industry stakeholders supported the constitutional-amendment route, the House of Representatives would have approved SB 386.

What Does All of This Mean for the Future of Sports Wagering in Georgia?

Little about the future of sports betting in Georgia is certain. That much has become clear over the years. Heck, back in 2022, we would have counted on Georgia sports betting going live by 2024. Now, unless there’s a special session called before November 2024, the timeline shifts to 2026, if not 2027. And that’s at the absolute earliest.

One thing does seem somewhat certain, though. If The Peach State is going to legalize sports betting, it sounds like it’ll have to happen via a constitutional amendment. And that means getting not only buy-in from the House of Representatives and Senate on both sides of the political spectrum, but from Georgia voters as well.

That may not be a problem. The Georgia sports market is among the most robust in the United States. Voters may approve of a sports betting bill without much reluctance.

Then again, previous polls on the matter have delivered mixed returns. Perhaps that’s why industry stakeholders have pushed for a different route. At this point, though, they should probably figure out how to drum up support for Georgia sports betting among voters. Because we’d be shocked if the state launches any version of legal sports wagering without it. 

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