The Oregon Supreme Court will hear a lawsuit from state Senate Republicans who are contesting a law barring them from reelection if they exceed 10 unexcused absences during the legislative session. Earlier this year, Senate members staged a walkout lasting more than 40 days, preventing the chamber from conducting business.
A total of 10 members of the state Senate, comprising nine Republicans and one independent, racked up the 10 absences, preventing them from running for reelection under Oregon’s Measure 113, a rule Oregon voters passed last November in an effort to prevent Republicans' long history of walkouts over legislative differences with Democrats. The measure passed by a wide margin of 68.3% and was seen in action this spring.
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On Tuesday, the state Supreme Court agreed to push the Republicans' lawsuit through, bypassing the state appeals court. Republican senators are seeking a ruling from the court before their filing deadline to run for office of March 12, 2024.
The following lawmakers are banned from running for 2024, and five filed a lawsuit to contest the measure because they plan to run again: Republican Minority Leader Tim Knopp and state Sens. Daniel Bonham, Suzanne Weber, Dennis Linthicum, and Lynn Findley.
The other members who participated in the walkout but who did not take part in the lawsuit include state Sens. Cedric Hayden, Bill Hansell, Kim Thatcher, Art Robinson, and independent Brian Boquist.
Republican lawmakers filed a challenge to state Secretary of State LaVonne Griffin-Valade's ruling to uphold Measure 113 in August, with the barred senators arguing the language of the measure is unclear, claiming they can run for reelection in 2024 — serving from 2025-2029 — but not 2028.
The walkout began on May 3, with multiple Republicans and one independent leaving the state Capitol over Democratic-backed legislation, covering issues of abortion providers and expanding transgender medical care, and gun control measures. The boycott prevented the chamber from reaching the 20-member quorum needed to pass legislation. Negotiations between parties and Gov. Tina Kotek (D-OR) were unsuccessful for weeks. When the walkout approached the one-month mark, Senate President Rob Wagner and his Democratic caucus pushed through fines for the absent senators, a penalty of $325 a day.
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Lawmakers finally returned to work on June 15, putting an end to the walkout after Democrats agreed to change some of the language in the contested bills.
The deadline for the state to file its first written brief is Friday, and the Republican senators have already submitted their opening brief. The Supreme Court scheduled oral arguments for Dec. 14.