During 2022, Oregon voters approved Ballot Measure 113. This very specific ballot measure had one provision: It rendered legislators ineligible for re-election when they miss more than 10 days of legislative session without a recognized reason or excuse. This measure was proposed to address a strategy employed by the minority of Republican senators in the Oregon State Legislature who refused to attend legislative sessions in order to prevent the Senate from having enough legislators present to form a quorum. They did this to block any meaningful work from getting done.
Â
Because of their minority status, they could not advance their legislative agenda, so they decided to take a different tactic to prevent everyone’s agenda from moving forward. Ballot Measure 113 created specific penalties for this strategy, by barring legislators who routinely fail or refuse to attend legislative sessions from subsequently seeking office. Unsurprisingly, the state legislators affected by Ballot Measure 113 attempted to challenge the law which forbade them from seeking re-election. Their argument hinged on alleging ambiguity in the specific text of Ballot Measure 113, which they claimed made it unclear when or how the prohibition on their seeking re-election would come into effect or enter into force.
Â
On Thursday, February 1st, the Oregon Supreme Court rejected this argument. Calling upon the plain language of the ballot measure, the substantial news coverage behind the ballot measure, and the ballot pamphlet which explained the provisions of Ballot Measure 113, the Court held that the will of Oregon voters was clear: The affected Republican legislators are barred from seeking re-election.
Â
Theoretically, the Oregon Supreme Court’s ruling could be appealed to the United States Supreme Court, or perhaps attacked by a federal court filing. However, these soon to be former state legislators would face an uphill battle. The usage of news articles, popular knowledge, and explanatory ballot pamphlets in cases which require the interpretation of ballot measures is well-established and not controversial. For the moment, after substantial delay and difficulty, it is very likely that Ballot Measure 113 will finally see enforcement.
Â
Comments