'Actions have consequences': Oregon Republicans lose appeal over reelection eligibility after walkout

PORTLAND, Ore. (KOIN) – The U.S. Court of Appeals filed an opinion on Thursday, finding that Oregon state senators who were deemed ineligible for reelection after accruing over 10 unexcused absences during a walkout are not protected under the First Amendment based on voter-approved Measure 113.

In their appeal, Republican Oregon state Senators Brian Boquist and Dennis Linthicum argued their walkout during the 2023 legislative session was protected under the First Amendment right to protest even though the lawmakers garnered over 10 unexcused absences during the six-week-long walkout.

Ten lawmakers -- including Boquist and Linthicum -- participated in the walkout over "unreadable" bills introduced by Democrats as the Senate was poised to vote on bills addressing abortion rights, gun control and gender-affirming care.

In their opinion, Circuit Judges Ronald M. Gould, Jay S. Bybee, and Daniel A. Bress agreed with an Oregon District Court ruling that found Oregon's Measure 113 disqualifies candidates from the next election if state senators or representatives accrue 10 or more unexcused absences from legislative floor sessions.

EXPLAINER: What Does Measure 113 say about lawmaker absences?

“Actions have consequences. When those actions might be described as expressive in nature, the First Amendment sometimes protects us from the repercussions that follow. This is not one of those instances,” the opinion said.

"The Senators’ argument falters at the outset because they cannot show that their walkout was constitutionally protected activity. We agree with the district court that not attending legislative sessions—depriving a legislature of the quorum required to consider legislative action (or risking that result)—is 'an exercise of the power of the legislator’s office' and therefore is not activity-protected under the First Amendment," the judges continued.

The appeal was filed against Oregon Senate President Rob Wagner and Oregon Secretary of State LaVonne Griffin-Valade, who previously said in August that the group of senators with 10 or more unexcused absences were disqualified from reelection based on Measure 113.

In response to the opinion, Sen. Boquist told KOIN 6 News he is not surprised by the ruling, adding, in part, "The Judge’s rationale [sic] was the government had to function to pass the bills in session. What that has to do with not being able to run two years and four years later is bizarre."

Secretary Griffin-Valade’s office tells KOIN 6 News they are “pleased to have an answer and timely resolution by the court.”

KOIN 6 News reached out to Senate President Wagner and Senator Linthicum for comment.