Holden tries to schedule gay marriage vote for August

JEFFERSON CITY, Mo. -- Democratic Gov. Bob Holden on Wednesday called for an Aug. 3 statewide election on a proposed constitutional amendment banning gay marriage in Missouri.

But Republican Secretary of State Matt Blunt, who oversees elections, suggested Holden was acting prematurely, leaving in doubt when the election will occur.

The timing of the gay marriage vote could have political implications for Holden and Blunt, both of whom are running for governor this year.

A November general election vote on the marriage measure could help Republicans by drawing conservative voters to the polls, say some political scientists. An August vote would coincide with the political party primaries, where Republicans and Democrats do not run against each other.

The Republican-led legislature passed the proposed constitutional amendment last Friday in the closing minutes of its annual session. The constitution automatically sets elections for proposed amendments in November, unless the governor schedules a special election earlier.

At issue in this case are several separate sections of the constitution and state law.

Holden cited a constitutional provision that he said allows him to set elections for proposed amendments after the legislative votes are entered in the House and Senate journals, which already has occurred.

Democratic Attorney General Jay Nixon backed Holden's interpretation in an interview with The Associated Press.

But Blunt's office cited a separate constitutional provision requiring approved bills to be signed by the presiding officers of the House and Senate. In a letter to Holden, Blunt said state law allows the secretary of state's office to begin the ballot placement process only after receiving the signed legislation.

That has not happened -- and may not occur until it's too late to make the August ballot.

That's because state law requires Blunt's office to notify local election authorities by May 25 of any items to appear on the August ballot. The Senate and House are to meet Thursday to sign bills, but the gay marriage amendment is not on the agenda. The next scheduled bill signing day is May 28 -- three days after the August ballot deadline.

"We can't do anything until we receive this from the General Assembly," said Blunt's general counsel, Terry Jarrett.

Nixon contended that is not true.

"The print shop of the Senate, or an administrative act by the (House) speaker or the (Senate) president pro tem, does not trump the constitutional power of the governor" to choose an election date, Nixon said.

Senate President Pro Tem Peter Kinder, R-Cape Girardeau, and House Speaker Catherine Hanaway, R-Warson Woods, did not return telephone messages Wednesday.

Holden spokeswoman Mary Still said it was in the public interest to hold the election sooner, rather than later.

"The governor felt like it was important to go ahead -- there's no reason to delay -- and put it on the August ballot," Still said.

But a supporter of the proposed amendment -- who had wanted a November election -- attributed political motives to the governor.

"I believe the governor is trying to duck the voters," said Vicky Hartzler, a former Republican lawmaker who is the spokeswoman for the Coalition to Protect Marriage in Missouri. "Many people don't align themselves with any political party and won't go to vote in August."

Michael Getty, field organizer for the Constitution Defense League which is opposing the amendment, praised Holden's decision.

"We have always had a preference to have the issue on the ballot in August," Getty said, "because we've known from the very beginning that this amendment was mostly a ploy to drive up conservative turnout in the polls."

The proposal would ask voters to add one sentence to the Missouri Constitution: "That to be valid and recognized in this state, a marriage shall exist only between a man and a woman."

Missouri already has a similar law, but supporters of the amendment believe a constitutional provision could better withstand a potential legal challenge.