The Nevada State Education Association is pursuing the ballot initiative. The opponent is the resort industry, which is represented by the Nevada Resort Association. In setting the stage for signature gathering, Carson City District Court Judge Miriam Shearing rejected the NRA's claim that the petition had the same flaws as a previous petition that the same judge had rejected. The NRA is now considering whether to appeal.

Polls have found that most Nevada voters would support such a petition, according to previously published reports on the issue. In a research note issued Friday, Wachovia analyst Brian McGill stated that while an increased tax on a casino's winnings is a long way off it could still "put pressure" on the tens of billions of dollars in planned investment in resort-casinos in Nevada.

The NRA argued that the petition language was confusing and not specific enough. Shearing, who sided with them the first time around, determined that the changes made by the NSEA were sufficient. The changes included removing the section that dictated how the money would be spent and altering the 200-word description to make it consistent with that change. The title of the initiative petition is "Save Our Schools With Additional Funding for Salaries and Student Achievement."