Oregon Senate cancels sessions until Monday in bid for walk-out end

Oregon legislative leaders planned to talk over the weekend in an effort to end a Republican walkout that threatens major legislation back by Democrats but could bar several Republicans from another term in office.

The Oregon Senate won't meet until Monday in a bid to end a Republican walkout that threatened to trigger a law barring absent lawmakers from seeking re-election. The talks come as just 43 days remain before June 25, when the constitution requires the Legislature to adjourn the 2023 session. 

Legislative leaders met for a second time on Thursday to discuss a Republican boycott of floor sessions that has left the Senate without a quorum for nine straight days. The GOP action came as the Senate was about to vote on an abortion access and transgender medical rights bill. A gun control bill was also days away from a final vote.

A 10th day without a quorum would have triggered a new state law that would bar any lawmakers with 10 unexcused absences from running for re-election.

But Senate President Rob Wagner on Thursday canceled floor sessions for Friday, Saturday, and Sunday. While the clock continues to tick on the 160-day session, Wagner's decision stopped the count on how many days absent lawmakers had missed without an excuse.

“I hope this agreement to pause Senate floor sessions will create room for progress,” Wagner said in a statement Thursday. “I will continue to engage in good faith conversations to move our state forward.”

Senate Minority Leader Tim Knopp, R-Bend, issued a statement Thursday saying he had asked Wagner for the delay.

"President Wagner agreed not to hold floor sessions this Friday, Saturday, and Sunday," Knopp said. "It is my hope that this will give us time to work out a legitimate agreement that will benefit all Oregonians. I have communicated that I will be available over the weekend to have these critical discussions.”

A Senate session for Monday at 10:30 a.m. remains on the official schedule posted on the Oregon Legislature Information System website. The House is scheduled to meet Monday at 11 a.m.

GOP lawmakers risk their seats

The meetings of four Democrats and two Republicans have included Wagner and Knopp, along with Senate Majority Leader Kate Lieber, D-Beaverton, from the Senate. They've been joined by a trio of leaders from the House: Speaker Dan Rayfield, D-Corvallis and Majority Leader Julie Fahey, D-Eugene, and Minority Leader Vikki Breese-Iverson, R-Prineville.

The cancellation came just as a law approved by voters last November was about to impact the possible political future of several GOP Senate lawmakers. Measure 113 called for any lawmaker who has ten or more unexcused absences from floor sessions would be barred from another term in office.

An explanatory statement whose authors included former Oregon Supreme Court Justice Lynn Nakamoto stated "A candidate may run for office in the next primary and general elections and win, but cannot hold office under this measure."

But Ben Morris, spokesman for the Oregon Secretary of State's office told the Associated Press that election rules would not allow a disqualified candidate to have their name put on the ballot.

As of Thursday, three senators had nine absences: Republicans Dennis Linthicum of Klamath Falls and Daniel Bonham of The Dalles. along with Brian Boquist of Dallas, who was elected as a Republican, but now identifies as a member of the Independent Party. Boquist supports the walkout and votes with Republicans on most issues.

Democrats hold 17 of 30 seats in the Senate, enough to pass most legislation. But Oregon is one of four states that require two-thirds of lawmakers to attend floor sessions for a quorum to conduct any business.

With Sen. Chris Gorsek, D-Troutdale, on a long-term excused absence for medical reasons, Democrats are three seats short of the 20 senators required for a quorum.

Calendar countdown continues

The impasse comes with the constitutionally-required end of the 2023 session on June 25 just 43 days away as of Saturday.  

Beginning May 3, no more than two Republicans were present at Senate roll calls. The walkout came as the Senate prepared to vote on House Bill 2002, which would increase access to abortion, including bills increasing abortion access to minors without parental approval and requiring insurance companies and the state's Oregon Health Plan to cover additional transgender medical services.

On Thursday morning, the Senate Committee Report Summary showed a "projected third reading date" of Friday. The bill would be co-carried - presented on the floor - by Lieber, the majority leader, She is one of four chief co-sponsors of the bill, and is also one of the six leaders involved in the talks with Republicans over the walkouts.

With a quorum, the Senate was also close to a final vote on House Bill 2005. It would allow local and state governments to bar or restrict the possession of firearms, including concealed permit weapons, in and around public buildings. The proposed law would tighten laws on firearms without serial numbers, so-called "ghost guns" that can be manufactured using unregistered parts.

The bill would also raise the age limit for possession or purchase of some firearms, including AR-15-style semiautomatic rifles used in several recent mass shootings across the nation. A 20-year-old man fired over 100 bullets from an AR-15-style rifle during an August rampage at a Bend shopping center that left two dead before the gunman killed himself as police approached.

Early in the walkout, the war of words between the parties was heated. With attempts at talks ongoing, the six lawmakers sought to quiet the public fight. On Wednesday, they agreed to limit comment to a joint statement that they were meeting and planned on more conversations.

While muted for the moment, the arguing hasn't completely disappeared. A rally of groups supporting the Democrat's bills drew an estimated 100 people to the Capitol Thursday night, who demanded Republicans "get back to work."

Breese-Iverson issued a constituent email on Thursday afternoon supporting the Senate walkout.

"Until we take control of one of the chambers, Democrats will continue to ignore the voice of parents, small business, and rural Oregon," Breese-Iverson wrote.

Wagner last week called the walkout strategy by Knopp "a concerted effort to undermine the will of the people" by denying lawmakers representing the majority of Oregon voters to pass legislation.

Breese-Iverson left open the option of joining in the walkout if the House Republican caucus deemed it necessary.

“We stand with our Senate Republican colleagues - all options remain on the table for the House Republicans," she told the Oregon Capital Bureau late Monday.

In moves that could be used to challenge any penalties against Republicans who pass the threshold of unexcused absences, Republicans claimed last week that legislative analysis written for the Democrats' bills violated a 1979 law on clarity of language in bills.

"It unequivocally violates Senate Rules, Oregon’s Constitution, and Oregon statute," Knopp said May 3. "We will not sit by and allow these actions without consequence."

A Marion County circuit on May 4 rejected a petition by Sen. Suzanne Weber, R-Tillamook, Rep. Emily McIntire of Eagle Point, R-Eagle Point, and Oregon Right to Life to stop Senate consideration of HB2002 because it violated the 1979 law.

“I don’t see any likelihood of success in persuading the court … to enjoin that legislative function,” said Marion County Circuit Judge David Leith in denying the petition.

Knopp reiterated attacks on the Senate President that he first launched late last year when Democrats said Wagner was their choice to lead the chamber following the retirement of Senate President Peter Courtney, D-Salem, who had held the position since 2003.

"Since the beginning of the session, I have argued that Wagner is untrustworthy, deeply partisan, and lacks the necessary skills to run the Senate in a bipartisan fashion," Knopp said May 4.

With the early morning meeting on May 10, the lawmakers sought to put a lid on the public squabbling for the moment.

“All six leaders agreed: We met, we had a conversation, we are planning on additional conversations,” said a joint communique issued by all six. None of the participants or their staff would discuss the specifics of the talks.