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A lawyer representing Republican state senators will try today to convince the Oregon Supreme Court that the drafters of Measure 113 botched the job and created a measure that doesn’t do what supporters intended.
At issue is a measure voters passed in 2022 by a 68% to 32% margin. The ballot title “Legislators with ten unexcused absences from floor sessions disqualified from holding next term of office,” expressed the intent of the measure, which its chief petitioners and everybody involved agreed was to end the GOP walkouts that have become an increasingly frequent tactic for blocking legislation.
But as WW first reported, the actual language added to the Oregon Constitution after the measure passed did not clearly express what the proponents had in mind, saying instead:
“Failure to attend, without permission or excuse, ten or more legislative floor sessions called to transact business during a regular or special legislative session shall be deemed disorderly behavior and shall disqualify the member from holding office as a Senator or Representative for the term following the election after the member’s current term is completed.” (Emphasis added.)
A plain reading of that new constitutional language would seem to allow senators who walked out in 2023 and whose terms end in 2024 to serve through 2028, because in senate seats, which have four year terms, that is the next election after 2024.
That is the position that GOP senators, led by minority leader Tim Knopp (R-Bend), will argue in Oregon Supreme Court via their attorney, John DiLorenzo. Proponents of Measure 113, who include the state’s public employee unions and many progressive groups, argue that the intent behind the measure was always clear—lawmakers who rack up 10 unexcused absences cannot run for re-election.
(GOP senators are also pursing a related but different argument—that Measure 113 denies them their constitutional right to protest—in U.S. District Court. The Capital Chronicle reported today that Judge Ann Aiken has not been receptive to the senators’ argument.)
In 45 states, voters and legislators work under a far clearer standard: a simple majority is all that is necessary for a quorum. In other words, if all the members of the party in power show up for a floor vote, the minority party cannot do anything to stop them, including walking out. The proponents of Measure 113 decided on an arbitrary standard—10 absences—and did not ensure the Oregon Constitution reflected their intentions, which has proven to be a costly mistake.
Legal fees for the GOP senators to prepare their case so far: $231,000 to DiLorenzo’s firm, Davis Wright Tremaine, according to state filings. Oregon Secretary of State LaVonne Griffin-Valade, who as the state’s top elections officer is the defendant in the case, is represented by the Oregon Department of Justice.
You can watch today’s oral arguments here.