Republican state senators in Oregon, who staged a six-week boycott of the Legislature earlier this year, have filed a federal lawsuit in their bid for reelection despite a recent voter-approved measure designed to deter walkouts. The senators are challenging an amendment to the state constitution, passed by voters last year, which prohibits lawmakers from seeking reelection if they have 10 or more unexcused absences. This measure was passed after GOP walkouts in the Legislature in 2019, 2020, and 2021. However, confusion surrounding the wording of the amendment has sparked a debate over the consequences for the boycotting senators this year.
The lawsuit was filed on Monday in the U.S. District Court of Oregon by three Republican state senators – Dennis Linthicum, Brian Boquist, and Cedric Hayden – along with three county Republican central committees and two voters. In their complaint, the senators argue that their protest actions, expressing their political views, are protected under the First Amendment of the U.S. Constitution, and therefore should not disqualify them from seeking reelection. They describe walkouts as a tool used by the minority party to protest against the policies of the Democratic majority.
The lawmakers also claim that the measure violates their 14th Amendment right to due process.
The GOP walkout earlier this year aimed to block Democratic legislation on abortion, transgender health care, and guns. It prevented the state Senate from reaching the two-thirds quorum required for business to be conducted, resulting in a six-week delay for hundreds of bills.
The lawsuit names Secretary of State LaVonne Griffin-Valade and Democratic Senate President Rob Wagner as defendants. Wagner declined to comment on the suit, and Griffin-Valade’s office did not respond immediately to a request for comment.
Despite being disqualified from running for legislative seats in the 2024 election, several Oregon state senators with at least 10 unexcused absences have already filed candidacy papers with election authorities. Measure 113 dictates that lawmakers with more than 10 unexcused absences should be disqualified from seeking reelection for the following term. However, Republicans have raised concerns about the vague wording of the measure.
The constitutional amendment states that a lawmaker is prohibited from running “for the term following the election after the member’s current term is completed.” Republican state senators argue that since a senator’s term ends in January and elections are held in November, the penalty should not take effect immediately, but instead after they have served another term.
In addition to the federal lawsuit, Republican state senators have also filed a state lawsuit, which is scheduled to be heard by the Oregon Supreme Court next month.
