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Supreme Court Rules on Measure 113 – Clear Intent to Disqualify Legislators with Unexcused Absences from Running for Reelection

Posted on February 1, 2024 by Editor

EDITOR’S NOTE:  In a unanimous opinion the Oregon Supreme Court’s decision could have impacts for the upcoming short legislative session. Eight Republican lawmakers, including Tillamook County’s Senator Suzanne Weber, in the Oregon Senate will be blocked from running for reelection, after refusing to attend Senate floor sessions for six weeks last year.

(Press Releae – from Secretary of State LaVonne Griffin- Valade)
The Oregon Supreme Court ruled today, February 1, 2024 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.”

(Press Release from Oregon Senate Republican Caucus)

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 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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