Oregon Republican State Senators Disqualification Challenge (Federal Court)
Linthicum v. Wagner
Lawsuit filed on behalf of Republican state senators, committees and voters challenging a voter-approved amendment that disqualifies lawmakers with 10 or more unexcused absences from running for reelection. Oregon voters approved Measure 113 in 2022 in response to Republican walkouts that halted legislative business. The plaintiffs, who have 10 or more unexcused absences, allege that the administrative rule established by Measure 113 violates their First Amendment rights to speech, freedom of association and free exercise of religion as well as the Due Process and Equal Protection clauses of the 14th Amendment. The plaintiffs ask the court to rule that their First and 14th Amendment rights were violated and to deem them eligible to run for reelection.
In November 2023, the plaintiffs filed a motion for a preliminary injunction to prevent the Oregon Secretary of State from disqualifying Republican state senators from running for reelection in 2024. On Dec. 13, 2023, the court denied plaintiffs’ motion. The plaintiffs appealed this decision to the 9th U.S. Circuit Court of Appeals, which affirmed the district court’s denial.
Case Documents (DISTRICT COURT)
Case Documents (9th CIRCUIT)
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