The request by Omaha attorney Steve Grasz suggested that the proposal violates the state constitution by containing more than one subject.
Although the language of the amendment contains more than one subject, Gale says, it "connects its subjects together to be part of one general subject."
Gale says his authority is limited to whether the alleged defect is patently unconstitutional. He says it's possible his decision may be challenged in court.
The proposed constitutional amendment would allow machine gambling on "historic horse racing" only at licensed horse race parks. It was approved by the Legislature in April.