An Ohio judge says the Mega Millions does not violate the state's constitution.

Franklin County Judge Daniel Hogan ruled Monday that Ohio lawmakers acted constitutionally by giving the Ohio Lottery Commission the authority to join the multistate lottery. Hogan said nothing in the constitution prohibits Ohio from joining such a lottery.

The Ohio Roundtable led a number of anti-gambling groups earlier this year by filing a lawsuit against the state joining the lottery. The Roundtable claims House Bill 405, which paved the way for Ohio to join Mega Millions is unconstitutional on the following grounds:

-The bill that the legislature passed contains more than one subject, a violation of the Ohio Constitution.
-The entire net proceeds of the lottery do not go to fund education in Ohio, nor do the remaining proceeds go to Ohio's schools.
-The Ohio Lottery Commission does not oversee the lottery in its entirety (i.e. other states control the lottery in their jurisdictions) and gives power to those states.

"Nothing in the Ohio Constitution says or implies that the Ohio General Assembly cannot authorize a state agency to conduct a lottery that happens to be of a sort that cannot exist except for the cooperation or contractual agreement of other parties," Hogan wrote in his decision. "This Court finds that the Ohio Lottery Commission has retained sufficient control over the lottery so long as the Ohio Lottery Commission has the power to withdraw from the agreement without repercussions at any time it believes that the lottery is being operated in a manner which is not appropriate for the State of Ohio."

"[The] Ohio Lottery Commission should be regarded as "conducting" the multi-state lottery for purposes of the Ohio Constitution. This conclusion is based in part upon the deference that this Court must exercise in favor of the judgments of the legislative and executive branches of state government," Hogan continues. "The Court cannot hold an act of the legislature unconstitutional unless it finds, beyond a reasonable doubt, that the act is unconstitutional."

Hogan also ruled the legislation authorizing Mega Millions does not violate the "single subject" rule of the Ohio Constitution. While it would have been wiser to include some matters in a separate bill, Hogan writes it is not a serious infraction that merits court "interference."

Ohio joined Mega Millions in May. State lawmakers passed legislation for Ohio to join Mega Millions because of slowing sales for the Ohio Lottery and to patch a budget deficit. The current Mega Millions jackpot is $165 million, the highest jackpot ever in a lottery sold in Ohio.

State estimates report Ohio could earn more than $41 million per year with the multi-state lottery. Prior to joining the Mega Millions, Ohio lottery officials said they lose between $200 million and $300 million each year because Ohioans would travel across the border to try to win larger jackpots.

The Ohio Roundtable is withholding comment on the verdict until they are able to obtain a copy of their own.

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