(The Center Square) – Oregon Secretary of State directed the Oregon Elections Division to make an administrative rule about Measure 113 this week.
The rule says Measure 113 bars legislators with 10 or more unexcused absences during the 2023 legislative session from running for legislative seats in 2024. This would apply to 10 Republican state senators who were charged with 10 or more unexcused absences during the recent GOP walkout.
“It is clear voters intended Measure 113 to disqualify legislators from running for reelection if they had 10 or more unexcused absences in a legislative session,” Secretary Griffin-Valade said. “My decision honors the voters’ intent by enforcing the measure the way it was commonly understood when Oregonians added it to our state constitution.”
Measure 113 says 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.”
Some people involved with Oregon politics have said such a law would allow a state Senator with over 10 unexcused absences to run in 2024 but not in 2028.
However, courts have said that adopted ballot measures must represent voter intent, even if their wording is imprecise.
“And voters universally understood Measure 113 would prohibit legislators who accumulate 10 or more unexcused absences during a legislative session from holding office in the immediate next term,” the release said.
Numerous materials support this interpretation, according to the release.
The explanatory statement for Measure 113 said it disqualifies the legislator “from holding term of office after the legislator’s current term ends.” The Ballot Title said the measure bars the legislator from holding the “next term of office.” Meanwhile, the ballot said a “Yes” vote disqualified the legislator from holding the “term following current term of office.” Similarly, mainstream news stories assured voters this would be the case, according to the release.
The secretary found nothing to suggest the measure allows absent legislators to serve another consecutive term and to be disqualified afterward.
“Voters intended the measure to prohibit legislators from holding the next term in office, and the Secretary has chosen to uphold the voters’ intent and apply Measure 113 to the 2024 election,” the release said.
Nevertheless, Republicans say they will fight the ruling. “We believe the plain language of Measure 113 allows for members to run again in 2024 elections,” Senate Republican Minority Leader Tim Knopp said.
