OUR VIEW: Continuing saga of Measure 113 hits next stage

Published 5:15 am Tuesday, December 19, 2023

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The continuing melodrama known as The Mess of Measure 113 took center stage in Oregon courtrooms last week — leaving the political fates of nine members of the Legislature still without resolution.

As you’ll remember, the wording of the amendment to the state constitution, which passed with 68% approval by Oregon voters in 2022, was the linchpin from which sprung this ongoing turmoil.

Proponents of enforcing Measure 113 say it is intended to prevent those state senators who walked out of this year’s session from seeking reelection.

Not so fast, say those affected by the law — originally nine Republicans, one of whom is not planning to run again, and an independent — who argue the wording of the measure should not apply to the 2024 election.

The turmoil directly impacts two senators whose districts stretch into Jackson County — Dennis Linthicum of Klamath Falls, and Art Robinson of Cave Junction.

At a hearing Thursday before the Oregon Supreme Court, Measure 113 was called “clunky” and “inelegant” by those arguing in favor of Secretary of State LaVonne Griffin-Valade’s decision to enforce the election ban, and “plain language” by those arguing that the senators involved should be eligible to run next year.

Oregon Capital Chronicle, in its story on the hearing, laid out the dilemma more clearly than we could, without giving ourselves (or you) a headache:

“The language in question has just 13 words: ‘For the term following the election after the member’s current term is completed.’ The senators argue they can run in 2024 because that election is during their term of office, not ‘after the member’s current term.’ Their terms of office will end in January 2025.”

All of which leaves the state high court with a headache of its own — trying to decide whether it can or should rule between what the public might or might not have thought it was voting for, as well as what actually constitutes the letter of the law.

A day before the Supreme Court hearing, a federal judge rejected a request from Linthicum and two other senators seeking a preliminary injunction to halt Griffin-Valade’s ruling.

That case hinged not on the wording of Measure 113, but on the walkout this summer being a form of political protest protected by the U.S. Constitution.

As the clocks ticks toward the March deadline for election filing, this ongoing saga is perched on yet another cliffhanger.

To be continued …

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