Senate Minority Leader Tim Knopp, R-Bend, and other Republican senators who surpassed a voter-approved limit on unexcused absences during the 2023 legislative session will not be allowed to file for re-election when candidates are allowed to sign up beginning Sept. 14.

Under Measure 113, passed with a 68% yes vote in November 2022, lawmakers who have more than 10 unexcused absences cannot seek re-election.

Ten senators passed the absence threshold as part of an effort to keep the Senate from reaching the two-thirds of members present required under the state constitution to form a quorum to meet and do any legislative business. The record 42-day walkout only ended when Democrats agreed to water down legislation on abortion, transgender medical care and gun control.

Republicans argued that language in Measure 113 made it unclear when senators were barred from running again. They also said the measure itself was a violation of federal and state freedom of speech protections. 

After the 2023 session, Knopp and Sen. Dennis Linthicum, R-Klamath Falls, announced they planned to run for re-election in 2024 and asked Secretary of State LaVonne Griffin-Valade for a declaratory judgment. 

Griffin-Valade on Tuesday directed the Oregon Elections Division to implement an administrative rule clarifying Measure 113. The rule disqualifies legislators with 10 or more unexcused absences during the 2023 legislative session from running for legislative seats in the 2024 election.

“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,” said Griffin-Valade.

Griffin-Valade said the decision was backed-up by legal advice she received from the office of Attorney General Ellen Rosenblum.

Knopp issued a statement that Republicans would challenge the ruling. The case would go to the Oregon Court of Appeals for review.

“It appears the Democrat Attorney General and the Democrat Secretary of State are willing to cover for the Democrat Senate President Rob Wagner’s decision to ensure Measure 113 quashes the free speech of minority Senate Republicans as it was designed to do by political special interests,” Knopp said.

Measure 113 called for disqualification from “holding office as a Senator or Representative for the term following the election after the member’s current term is completed.”

Knopp and other Republicans with more than 10 absences said the wording meant they could run next year, but not in 2028. 

Griffin-Valade said voter intent was clear.

 “My decision honors the voters’ intent by enforcing the measure the way it was commonly understood when Oregonians added it to our state constitution,” she said in her decision Tuesday.

Oregon Department of Justice attorneys advised Griffin-Valade that there was no evidence to show that voters held an alternative view other than Measure 113 banned lawmakers from their first re-election bid after violating the rule.

“We found no suggestion prior to enactment that the Measure was understood or intended to allow absent legislators to serve an additional term,” the DOJ said.

Oregon Public Broadcasting reported that Republicans will swiftly move the issue to the courts. Portland attorney John DiLorenzo, who represents the senators, said Tuesday that a challenge of the administrative rule will be the first action.

“Our most likely course is first to determine what Measure 113 means,” DiLorenzo told OPB. 

The senators could then pursue the freedom of speech issue in state or federal court.

Of the 10 senators who surpassed the 10-absence limit, six would be up for re-election in 2024. In addition to Knopp and Linthicum, Republican Art Robinson has said he would seek another four-year term. Brian Boquist, an Independent senator who took part in the walkout, also said he plans to run again. Sen. Lynn Findley, R-Vale, has said he is undecided, but recently updated his campaign finance committee so that it is raising funds for the 2024 election. Only Sen. Bill Hansell, R-Athena, is not running again. The veteran lawmaker announced prior to the walkout that he planned to retire after his current term.