The Oregon Senate, having ended the longest walkout in state history, will be in a sprint as the Legislature’s 160-day session approaches its closing of June 25.
The walkout ended June 15 after 42 days — and after majority Democrats and minority Republicans asserted victory in disputes over bills affecting abortion access and firearms regulation.
However, 10 senators are likely to have to go to court to challenge a measure under which their unexcused absences during the walkout now disqualify them from seeking re-election. Voters set a threshold of 10 such absences when they approved Measure 113 last year — and the unexcused absences remain on the books.
Now in the session’s final week, the Senate worked on reducing a backlog of 400 bills, including agency budgets, as it resumed legislative business with the House. Both chambers observed the new Juneteenth state holiday (on June 19) created two years ago. But a joint subcommittee scheduled action on Tuesday, June 20, on the final six budget-balancing bills that emerge at the close of a session – signaling the end is near.
A compromise was reached after several failed attempts, including one by Democratic Gov. Tina Kotek, herself a former House speaker. Discussions began June 9 and resulted in a framework a few days later, but Senate President Rob Wagner, D-Lake Oswego, said it took a couple more days to come up with the exact compromise language for the disputed legislation.
The Senate then passed the two bills on identical votes of 17-3, with all Democrats for and three Republicans against. Minority Leader Tim Knopp of Bend and Sens. Dick Anderson of Lincoln City and Lynn Findley of Vale were the three others required for a quorum of 20 senators to do business. Eight other Republicans and one independent who was elected as a Republican were listed as absent. Republican Sen. Fred Girod of Lyons, who is on medical leave, was excused.
Democrats agreed to change some provisions of two bills, which returned to the House for action on amendments.
Where GOP stands
Republicans, for their part, agreed to return and suspend Senate rules to allow fast-track consideration of bills that have piled up since May 3. That eases the way for majority Democrats to push through bills and budgets that would have died with the close of the session.
A couple of senators — Kim Thatcher of Keizer and Brian Boquist of Dallas, an independent originally elected in 2008 as a Republican — issued statements that expressed disappointment about how little they think Republicans got.
Under an earlier measure Kotek signed, state agencies continue to have spending authority through Sept. 15. But most will require new two-year budgets for the cycle that starts July 1.
Wagner, in a brief session with reporters, said he did not have the authority to suspend unexcused absences racked up by nine Republicans and Boquist. Under Measure 113, intended to deter walkouts during recent sessions, 10 or more unexcused absences from floor sessions disqualify members from seeking re-election. Republicans say they are prepared to go to court to challenge it.
“I think it was clear when voters passed Measure 113 that there were consequences to this sort of behavior,” Wagner said. “Obviously there are a whole bunch of legislators who are not going to be able to come back to this building. The official record is built every single day in the Legislature, so the absences are what they are — and there really is no way to go back as far as I am concerned.”
The only Senate Republicans who have not crossed that threshold are Girod, Anderson and David Brock Smith of Port Orford. All three are up for election in 2024, as are six of the 10 others with unexcused absences. In addition to Knopp, Findley and Boquist, the others are Bill Hansell of Athena, who announced earlier this year he is leaving after 12 years; Dennis Linthicum of Klamath Falls, and Art Robinson of Cave Junction. The other four Republicans are up for election in 2026.
“We knew the risk we were taking, but we feel our challenge to Measure 113’s constitutionality is strong,” Findley said in a statement. “Some of our colleagues may disagree, but that is a battle for another day.”
A proposed constitutional amendment (House Joint Resolution 30) was introduced in the House to lower the required number for conducting business from two-thirds to a simple majority, as it is in 45 other states. It has been referred to the House Rules Committee, but Wagner said he doubted there was enough time left for both chambers to take it up. Voters would have to approve such a change.
Oregon is only one of four states — Indiana, Tennessee and Texas are the others — where two-thirds majorities are required to conduct legislative business. Massachusetts has requirements for less than a majority; all other states require only a simple majority.
Oregon walkouts
Even at 42 days, Oregon’s latest legislative walkout was not the nation’s longest. Back in 1924, majority Republicans walked out of the Rhode Island Senate after minority Democrats — backed by the lieutenant governor, also the Senate’s presiding officer — refused to vote on government appropriations unless Republicans agreed to a call for a constitutional convention. Republicans stayed out for six months until the general election, when they prevailed.
According to the Ballotpedia website, other walkouts have occurred in Texas (2003 and 2021), Indiana and Wisconsin (2011).
But in addition to the current walkout, the Oregon Legislature has had several others during the past 22 years, all by the minority party.
In 2001, House Democrats walked out for five days to stall a Republican vote on a legislative resolution — which cannot be vetoed by the governor — on a legislative redistricting plan. Democrats returned after Republicans abandoned the resolution attempt, which the Supreme Court ruled later in 2001 would have been unconstitutional anyway.
In 2019, Senate Republicans walked out twice to forestall votes on a proposed corporate activity tax to fund school improvement programs, and on climate-change legislation. They came back the first time after Democrats agreed to shelve some of their other legislative priorities; the tax eventually passed without Republican support. Democrats ended up shelving the climate-change legislation because they lacked the votes to pass it on their own.
In 2020, Senate and House Republicans walked out to forestall votes on climate-change legislation. Democratic legislative leaders then shut down the session a few days ahead of the constitutional deadline, leaving most bills and budget adjustments to die. The coronavirus pandemic then followed.
In 2021, Senate Republicans walked out for a single day to protest then-Gov. Kate Brown’s actions during the coronavirus pandemic. They returned the next day.