Oregon Republicans file lawsuit after being banned from running for reelection

Three state Senate lawmakers who participated in the 2023 legislative walkout have filed a federal lawsuit against Senate President Rob Wagner, D-Lake Oswego, and Secretary of State LaVonne Griffin-Valade over Wagner's decisions to mark their absences unexcused during the protest.

Ten Oregon Republicans walked out and denied quorum for six weeks during the legislative session. They each accumulated at least 10 unexcused absences, triggering voter-approved Measure 113, which disqualifies lawmakers from running for reelection if they walk out during legislative sessions.

A separate lawsuit filed by five of the walkout participating Republicans against a ruling from Griffin-Valade that upheld Measure 113 is heading to the Oregon Supreme Court. Oral arguments are scheduled to begin in December where plaintiffs will argue Measure 113 was worded incorrectly, allowing them to run for one additional term before being disqualified.

On Monday, Dallas Sen. Brian Boquist, Fall Creek Sen. Cedric Hayden and Klamath Falls Sen. Dennis Linthicum filed a lawsuit in the U.S District Court of Oregon alongside three registered Republican voters and three county Republican central committees arguing Wagner's refusal to excuse absences and Griffin-Valade's ruling goes against their First Amendment and Fourteenth Amendment rights.

In the complaint, Republicans allege "there is no rhyme or reason to the process of being excused" and argue that Democratic supermajorities in both the House and Senate mean "walkouts were one of the few tactics minority parties had available to block the majority from passing their policy priorities."

"Walkouts are a lawful form of political protest," the complaint reads.

Hayden and Boquist also allege Wagner's refusal to excuse absences violated their protections against being penalized for exercising their religion. Hayden, a Seventh-day Adventist, and Boquist, a Catholic, both requested excused absences for religious reasons during the walkout, which were denied.

A Senate Committee on Conduct dismissed Hayden's complaint against Wagner last month.

Both senators filed complaints to the Legislative Equity Office alleging Wagner's denial of their requests to be excused during the session violated Rule 27, the Legislature’s personnel rule that prohibits harassment that creates a hostile work environment. Hayden had requested to be excused every Saturday to perform his duties as an elder of his church in addition to a request to be excused from a required Sunday floor session to care for his daughter, who is disabled. Sen. Lynn Findley, R-Vale, made a similar request to attend church service on May 7.

Two Republicans and two Democrats voted that evidence presented by an independent report into complaints by Hayden and Findley was not enough to determine the Senate president had discriminated against them.

In the lawsuit filed Monday, Hayden disagrees, arguing Wagner penalized him for participating in religious services, denying his requests to attend church on holy days during and after the walkout. Plaintiffs are asking for declaratory judgments that Wagner violated senators' rights and a ruling preventing enforcement of Griffin-Valade's ballot disqualifications against Boquist and Linthicum.

Wagner's office declined to comment on the lawsuit.

In an email to the Statesman Journal, the secretary of state's office said it looked forward to a "speedy resolution to get clarity on how to implement the measure."

Dianne Lugo covers the Oregon Legislature and equity issues. Reach her at dlugo@statesmanjournal.com or on Twitter @DianneLugo.

This article originally appeared on Salem Statesman Journal: Oregon Republicans file suit over ban on running for reelection