The Oregon Supreme Court ruled on Thursday that 10 Republican state senators, who had engaged in a record-long walkout from the legislature last year in protest of a bill protecting abortion rights and gender-affirming healthcare, are ineligible for re-election.
Voter Mandate
The ruling confirms the Oregon Secretary of State LaVonne Griffin-Valade’s decision to exclude the senators from the ballot in accordance with Measure 113, which was approved by voters in 2022 and amended the state constitution to prevent lawmakers with over 10 unexcused absences from seeking re-election.
Boycott Impedes Legislation
The boycott by the 10 senators lasted six weeks, effectively blocking the Oregon Senate’s ability to achieve the two-thirds majority needed for legislative action. The boycott stalled hundreds of bills.
Legal Challenge
Among the plaintiffs challenging Griffin-Valade’s decision were five of the 10 senators who had exceeded the absence threshold.
Term Eligibility Amendment
The amendment specifies that a legislator cannot run “for the term following the election after the member’s current term is completed.”
Senator’s Term Timing
The dispute centered on the timing of this ineligibility if a senator’s term concludes in January 2025; they would normally pursue re-election in November 2024.
Senators’ Argument
The Republican senators contended that the “election after the member’s current term is completed” wouldn’t occur until November 2028. Therefore, they argued that they could run for re-election this year and subsequently serve another term before becoming ineligible.
Amendment Interpretation
The court held a different view, asserting that although the amendment’s wording was unclear, the information presented to voters in the ballot title and explanatory statement unambiguously conveyed the intention to prevent absentee legislators from serving in the subsequent term.
Voter’s Clear Understanding
The decision noted, “Those other materials expressly and uniformly informed voters that the amendment would apply to a legislator’s immediate next terms of office, indicating that the voters so understood and intended that meaning.”
“Will of the Voters”
Griffin-Valade expressed gratitude for the court’s direction and stated, “I’ve said from the beginning my intention was to support the will of the voters. It was clear to me that voters intended for legislators with a certain number of absences in a legislative session to be immediately disqualified from seeking re-election.”
Disagreement with the Ruling
Oregon Senate Republican Minority Leader Tim Knopp, the leader of the boycott, said in a statement, “We obviously disagree with the Supreme Court’s ruling. But more importantly, we are deeply disturbed by the chilling impact this decision will have to crush dissent.”
Decision Welcomed
Democratic Senate President Rob Wagner welcomed the decision and remarked, “Today’s ruling by the Oregon Supreme Court clarifies how Measure 113 will be applied, benefiting both legislators and the public in our state.”
Advocacy Groups Applaud Decision
Supporters of Measure 113, including political advocacy groups, have commended the court’s decision, pointing out the negative effects of legislative walkouts.
Undermine the Majority
Alejandro Queral, Executive Director of the Oregon Center for Public Policy, emphasized that such actions by a minority of lawmakers undermine the majority’s wishes, harming democratic principles.
Electoral Impact
The court’s verdict has electoral repercussions, essentially eliminating the re-election prospects of ten Republican state lawmakers, accounting for a third of the Oregon Senate.
Crucial Upcoming Session
The decision precedes a crucial legislative session, with Democratic Governor Tina Kotek focusing on expanding Oregon’s housing supply—a goal that was previously thwarted by the Republican walkout.
Walkout Ends with Concessions
The 2023 legislative walkout, which caused weeks of paralysis in the Legislature, came to an end after Republicans secured concessions from Democrats on issues related to expanding access to abortion and transgender healthcare, along with measures regarding undetectable firearms known as “ghost guns.”
Voter Backing for Measure 113
Measure 113 received substantial approval in 2022 from Oregon voters following prior Republican walkouts in the Legislature in 2019, 2020, and 2021.
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