Oregon Supreme Court rules 10 GOP state senators who staged long walkout can’t run for reelection
(Update: Adding more from decision, reaction)
Lawmakers had challenged wording of voter-approved Measure 113; Knopp already endorsed a candidate
SALEM, Ore. (AP) — The Oregon Supreme Court ruled Thursday that 10 Republican state senators who staged a record-long walkout last year to stall bills on abortion, transgender health care and gun rights cannot run for reelection.
The decision upholds the secretary of state’s decision to disqualify the senators from the ballot under a voter-approved measure aimed at stopping such boycotts. Measure 113, passed by voters in 2022, amended the state constitution to bar lawmakers from reelection if they have more than 10 unexcused absences.
Last year’s boycott lasted six weeks — the longest in state history — and paralyzed the legislative session, stalling hundreds of bills.
Five lawmakers sued over the secretary of state’s decision — Sens. Tim Knopp, Daniel Bonham, Suzanne Weber, Dennis Linthicum and Lynn Findley. They were among the 10 GOP senators who racked up more than 10 absences.
“We obviously disagree with the Supreme Court’s ruling," said Knopp, the chamber’s minority leader. "But more importantly, we are deeply disturbed by the chilling impact this decision will have to crush dissent.”
Democratic Senate President Rob Wagner welcomed the decision.
“Today’s ruling by the Oregon Supreme Court means that legislators and the public now know how Measure 113 will be applied, and that is good for our state," he said in a statement.
During oral arguments before the Oregon Supreme Court in December, attorneys for the senators and the state wrestled over the grammar and syntax of the language that was added to the state constitution after Measure 113 was approved by voters.
The amendment says a lawmaker is not allowed to run “for the term following the election after the member’s current term is completed.”
The debate was over when that ineligibility kicks in: If a senator's term ends in January 2025, they would typically seek reelection in November 2024. The “election after the member's current term is completed” would not be until November 2028, the Republican senators argued, so they could run for reelection this year and then hold office for another term before becoming ineligible.
The court disagreed, saying that while the language of the amendment was ambiguous, the information provided to voters in the ballot title and explanatory statement made clear that the intent was to bar truant lawmakers from holding office in the next term.
“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,” the justices wrote.
The senators’ lawsuit was filed against Secretary of State LaVonne Griffin-Valade, who last August said the boycotting senators were disqualified from seeking reelection. She directed her office’s elections division to implement an administrative rule based on her stance.
All parties in the suit had sought clarity on the issue before the March 2024 filing deadline for candidates who want to run in this year’s election.
The 2023 walkout paralyzed the Legislature for weeks and only ended after Republicans forced concessions from Democrats on a sweeping bill related to expanding access to abortion and transgender health care and another measure regarding the manufacture and transfer of undetectable firearms, known as ghost guns.
Oregon voters approved Measure 113 by a wide margin following Republican walkouts in the Legislature in 2019, 2020 and 2021.
The Oregonian/Oregon Live reported, the court rejected an argument from five Republican lawmakers who contended in court filings that the plain language of Measure 113 should allow them to serve one more term, despite their decision to boycott more than 10 legislative floor sessions last year.
Drafters of Measure 113, which voters overwhelmingly approved in 2022, intended for it to stop walkouts that Republicans, as the minority party in the Legislature, have frequently used in recent years to stall bills pushed by Democrats.
The Republicans challenging the measure argued that they should be allowed to run for one more term because of bungled language in the measure.
The court disagreed with the senators.
The Republican senators who challenged the measure were Sens. Tim Knopp of Bend, Daniel Bonham of Madras, Suzanne Weber of Tillamook, Dennis Linthicum of Klamath Falls and Lynn Findley of Vale.
According to The Oregonian/OregonLive, Knopp told reporters on Wednesday that he would consider a ruling in either direction a win. If the court were to rule against the Republicans, he said, “I think we still win because our (affected) members literally have no reason to show up (during the upcoming short legislative session), and so in order for them to show up, they’re going to want to see that they’re going to be able to make a difference.”
The ruling applies to the nine Republican senators and single Independent who exceeded the limit of unexcused absences last year.
Knopp, Linthicum, Art Robinson of Cave Junction and Brian Boquist, an Independent from Dallas, would all have been up for reelection this year, but will be barred from running.
Two other lawmakers – Findley and Bill Hansell of Pendleton – who would have been up for reelection this year are retiring. This means that at least five of the 11 Republicans in the Senate, along with the chamber’s lone Independent, will leave office in January 2025, reshaping the makeup of the chamber.
Earlier this month, Knopp endorsed Downtown Bend Business Association Executive Director Shannon Monihan's bid for his Senate District 27 seat, in the event the court ruled against the lawmakers' Measure 113 challenge. Bend City Councilor Anthony Broadman is seeking the Democratic nomination this spring.
An additional four Republican senators will be barred from running for reelection in 2026.
That could open the door for contested races in those districts this year and give Democrats a chance to pick up at least one additional seat. There are 36,578 registered Democrats and only 26,529 registered Republicans in Knopp’s Bend district, which was redrawn in 2021.
The deadline for candidates to file for office is March 12.
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News release from Oregon Secretary of State LaVonne Griffin-Valade:
The Oregon Supreme Court ruled today in favor of Secretary of State LaVonne Griffin-Valade’s interpretation of Measure 113, which disqualifies legislators with unexcused absences in 2023 from running for reelection in 2024.
“I’ve said from the beginning my intention was to support the will of the voters,” said Secretary Griffin-Valade. “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 reelection. I’m thankful to the Oregon Supreme Court for providing clarity on how to implement Measure 113.”
The Secretary announced in August she would direct the Elections Division to implement an administrative rule providing guidance to candidates on Measure 113, which was passed by voters in November 2022. Measure 113 states that 10 or more unexcused absences “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.”
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News release from Oregon Senate Republican Caucus:
In a Shocking Twist, Democrat-Stacked Supreme Court Sides with Democrats and Union Cronies on Measure 113
Despite Plain Language of Constitution
SALEM, Ore. – The Oregon Supreme Court has officially sided with Democrats on Measure 113, effectively ending the service of 10 Republican senators – one-third of the Oregon Senate.
“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,” said Senate Republican Leader Tim Knopp (R-Bend).
“I'm disappointed but can't say I'm surprised that a court of judges appointed solely by Governor Brown and Governor Kotek would rule in favor of political rhetoric rather than their own precedent. The only winners in this case are Democrat politicians and their union backers,” said Senator Suzanne Weber (R-Tillamook).
“Every legal mind I’ve heard from regardless of political leanings has affirmed that when there is only one interpretation for the plain language of the law, that is final. The language incorporated into the Oregon Constitution was clear and yet the Supreme Court ruled that voter intent, which cannot be determined by any metric, supersedes the Constitution. There is no justice in a political court,” said Senator Daniel Bonham (R-The Dalles).
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News release from Our Oregon:
OREGON SUPREME COURT UPHOLDS MEASURE 113, DEEMING TEN STATE SENATORS INELIGIBLE FOR REELECTION
Salem, OR - In a decision announced today, the Oregon Supreme Court ruled to uphold Ballot Measure 113 (2022), affirming the will of the voters. This ruling upholds Secretary of State Lavonne Griffin’s prior ruling that nine Republican and one Independent senators who staged a record-long six week legislative walkout this year cannot file for re-election in 2024 or 2026.
Oregon voters overwhelmingly passed Measure 113 in 2022 by a 36-point margin. The measure passed in 34 of Oregon’s 36 counties, spanning rural and urban parts of the state. In 2023, Senate Republicans walked off the job for the seventh time in four years, denying a quorum in the state senate for 42 days in protest of a bill that protected abortion rights and gender-affirming health care. Legislation to fund drought and wildfire protection, affordable housing, education, behavioral health support and much more was caught in the crosshairs for weeks as well. In spite of voters’ overwhelming desire for lawmakers to show up and do their jobs or face consequences, Republican senators showed blatant disregard for our democracy and voters’ intelligence by filing this frivolous lawsuit and attempting to avoid facing the consequences of their actions.
The Supreme Court's announcement today signals a definitive resolution to any uncertainty surrounding the effects of Measure 113.
“This ruling upholds the intent of Oregon voters; politicians need to do their jobs or lose their jobs,” said Andrea Kennedy-Smith, one of Measure 113’s chief petitioners and board member of SEIU Local 503. “They need to play by the same rules as everyone else. We appreciate the Oregon Supreme Court’s justices for taking up and resolving this frivolous legal challenge.”
"This isn’t a Democrat or Republican issue. Voters across the spectrum were extremely clear. These Senators didn’t just walk away from their jobs, they walked away from Oregon students who rely on the legislature to function and the thousands of Oregonians who clearly said that we expect politicians to show up and keep our state moving forward,” said Reed Scott-Schwalbach, one of Measure 113’s chief petitioners and president of The Oregon Education Association.
Today’s ruling reaffirms that the following ten senators will not be able to file for re-election because of the dozens of unexcused absences they racked up during the 2023 session.
| Senate District | Region | Senator | 2023 Unexcused Absences | Current Term Ends |
| 2 | Grants Pass | Art Robinson | 27 | 2025 |
| 6 | Lebanon, East Linn and Lane Counties | Cedric Hayden | 31 | 2027 |
| 11 | Northeast Salem, Woodburn | Kim Thatcher | 29 | 2027 |
| 12 | Dallas, Grand Ronde, McMinnville, Newberg | Brian Boquist | 30 | 2025 |
| 16 | North Coast | Suzanne Weber | 22 | 2027 |
| 26 | Hood River | Daniel Bonham | 26 | 2027 |
| 27 | Bend | Tim Knopp | 20 | 2025 |
| 28 | Klamath Falls, La Pine | Dennis Linthicum | 32 | 2025 |
| 29 | North east Oregon, Pendleton | Bill Hansell | 25 | 2025 |
| 30 | Southeast Oregon | Lynn Findley | 21 | 2025 |
