IN THE COURT OF APPEALS OF THE STATE OF OREGON: TIM KNOPP, DANIEL BONHAM, SUZANNE WEBER, DENNIS LINTHICUM, and LYNN FINDLEY, Petitioners, v. LAVONNE GRIFFIN-VALADE, Oregon Secretary of State, Elections Division, Respondent
Pursuant to ORS 183.400, Petitioners seek judicial review of the following temporary administrative rule of the Oregon Secretary of State, Elections Division: Elect 12-2023 (“Temporary Rule”), a true and accurate copy of which is attached as Exhibit 1. The parties to this review are:
Petitioners
- Tim Knopp Tim Knopp for State Senate PO Box 6145 Bend, OR 97708
- Daniel Bonham Committee to Elect Daniel Bonham PO Box 2142 The Dalles OR 97058
- Suzanne Weber Friends of Suzanne Weber P.O. Box 892 Tillamook, OR 97141
- Dennis Linthicum Committee to Elect Dennis Linthicum 20990 Hwy 140 Dairy, OR 97625
- Lynn Findley Lynn Findley for State Senate P.O.Box 156 Vale, Oregon 97918 Petitioners
Attorneys for Petitioners
- John DiLorenzo, OSB # 802040
- Aaron Stuckey, OSB #954322
- Davis Wright Tremaine LLP 1300 SW Fifth Avenue, Suite 2300 Portland, Oregon 97201
Respondent
- LaVonne Griffin-Valade Oregon Secretary of State Elections Division Public Service Building Suite 126 255 Capitol Street NE Salem, Oregon 97310
Attorneys for Respondent
- Ellen F. Rosenblum, OSB # 753239 Attorney General
- Benjamin Gutman, OSB # 160599 Solicitor General
- Dustin Buehler, OSB # 152024 Co-Attorney in Charge, Civil Appeals Oregon Department of Justice 1162 Court Street NE, Salem OR 97301
Nature of the Rule Petitioners Desire Reviewed
The Temporary Rule amends the State Candidate Manual, the Minor Political Party Manual, and Forms purportedly to reflect the requirements of Article IV, Sec. 15 of the Oregon Constitution as amended by Ballot Measure 113 (2022) (“Constitutional Amendment”). The Temporary Rule would disqualify legislators with ten or more “unexcused” absences during the 2023 regular legislative session from running for re-election in the November 2024 election that occurs prior to the end of their current term of office or from running for re-election in the November 2026 election depending upon their election cycle.
Nature of Petitioners’ Interests
Petitioners are “persons” within the meaning of ORS 183.400 (1) and are aggrieved by virtue of being Oregon State Senators who have incurred more than 10 “unexcused” absences from the Senate Floor. Petitioners Knopp, Findley, and Linthicum were elected to the State Senate in November 2020 and are serving in the Senate for a term that commenced on January 14, 2021 and will be completed on January 14, 2025. Petitioners Weber and Bonham were elected to the State Senate in November 2022 and are serving for terms that commenced on January 14, 2023 and will be completed on January 14, 2027.
Reasons for Review
Without limiting the reasons that Petitioner may raise, Petitioners seek review because application of the Temporary Rule under ORS 174.010 is inconsistent with the provisions of the Constitutional Amendment. Specifically, Petitioners believe that the plain text of the Constitutional Amendment, and only interpretation consistent therewith, is that any disqualification must apply to the “term following the election after the member’s current term is completed.” Because Petitioners’ terms are completed on January 14, 2025, or January 14, 2027, and because the “election after the member’s current term is completed” will not take place until November 2028 and November 2030, if Petitioners are to be disqualified from serving in the Senate [Petitioners believe that the Constitutional Amendment adopted by the voters by way of Ballot Measure 113 also offends the First and Fourteenth Amendments to the United States Constitution. They intend to assert such constitutional claims in a separate legal action.], any such disqualification would be for the terms beginning on or after January 2029 and January 2031.
On May 30, 2023, Petitioner Knopp requested a Declaratory Ruling from the Secretary of State pursuant to ORS 183.410 to clarify the impact of Ballot Measure 113 on his qualification to serve. A copy of that request is also attached as Exhibit 2. On June 28, 2023, the Secretary of State denied his request but promised to inform the public about how she would implement Measure 113 “in a manner that allows for prompt resolution” of his concerns.
The Temporary Rule was then adopted. Petitioners request judicial review of that Temporary Rule.
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