By Steve LeBlanc, Associated Press, 3/26/02

BOSTON -- Backers of a ballot question banning the slaughter of horses for human consumption say the company they hired to gather signatures tricked voters into signing a question outlawing gay marriage.

The Save Our Horses Committee filed a lawsuit in Suffolk Superior Court asking the court to rule the question would have gathered the needed signatures if not for what they described as a "bait and switch."

In their lawsuit, filed Tuesday, the committee alleges that Ballot Access Company of Phoenix, Arizona, told signature gathers to trick people who wanted to sign the horse petition into signing the marriage question.

Both Save Our Horses and the group backing the marriage question hired Ballot Access. The groups are not affiliated. The marriage question received enough signatures, while the horse question did not.

"In training meetings ... circulators were instructed to try to "sell" voters on signing the (horse petition), but whenever possible to deceive voters into signing the "Marriage" petition," the lawsuit says.

Ballot Access Company president Derrick Lee did not immediately return a phone call from The Associated Press.

According to the lawsuit, the signature gathers were told to carry a clipboard with a horse logo on top, but with marriage signature sheets underneath.

"They were instructed that when a voter indicated an intent to sign (the horse petition) they should partially lift the top pages and have the voter sign on the (marriage petition) instead," the lawsuit said.

That's what Celine Sullivan said happened to her.

The 55-year-old retired phone worker said a signature gatherer outside the Wal-Mart in her home town of Wareham asked if she wanted to sign the horse question.

When she bent down to sign the signature, she said the worker flipped up a few pages from the clipboard and had her sign a page.

It was only later that Sullivan discovered she had mistakenly signed the marriage question.

"My signature was stolen," she said.

The lawsuit said the company encouraged the alleged bait-and-switch because it was getting paid more per signature from the backers of the marriage question than the supporters of the horse question.

Lowell Finley, a lawyer for Save Our Horses, said the group has statements from signature gatherers who worked for Ballot Access Company backing up their allegations.

The horse question ended up with 54,526 certified signatures, 2,574 less than needed.

Finley said if all the signatures of those who intended to sign the initiative were added, the question would have more than the needed 57,100.

Backers of the marriage question, which would change the state constitution to define marriage as a union between one man and one woman, have said the signatures they gathered were valid.