COVID-19 case has made Oregon’s redistribution process even more uncertain



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Empty chairs in an official government room

The home floor was empty on the Oregon Capitol on Tuesday, September 21, after lawmakers interrupted in-person meetings following news of COVID-19 exposure the day before.

Sam Stites / OPB

Republicans at Oregon House showed on Tuesday they would withdraw from a special legislative session, blocking Democrats’ proposals for new political maps a day after House Speaker Tina Kotek reneged on a deal with the GOP.

But before GOP lawmakers could formalize a decision, COVID stepped in.

Shortly before 1 p.m., a notice was sent to Capitol figures that a person in the building on Monday had tested positive for the coronavirus, further complicating an extremely tense redistribution process facing a tight deadline.

“This is obviously a developing situation and I hope we will be back tomorrow to finish our business,” said House Speaker Tina Kotek.

But an email sent to House members from Kotek’s office on Tuesday night announced that lawmakers would not be expected on Capitol Hill until Saturday. And that rapid COVID and PCR tests will be made available in Salem on Thursday to lawmakers and staff who may have been exposed, offering the option to return the results of those tests by Friday afternoon.

“It will also allow sufficient time for the House to confirm a quorum and complete its work by voting on bills that the Senate has passed for consideration by the House,” the email read. “As always, our top priority is to protect the health and safety of the Capitol Hill community while continuing to fulfill the constitutional duty of the legislature.”

The identity of the infected person has not been disclosed, nor his political affiliation. As of Tuesday afternoon, four Republicans had filed requests for excused absence for Wednesday, specifically citing proximity to the infected person or the need to self-quarantine. None of those requests had been filed by Democratic lawmakers, according to documents received via a public registration request.

News of the COVID infection adds even more uncertainty to the state’s decade-long process of redistributing political districts. Lawmakers must pass new maps for the state’s 90 legislative districts and the next six congressional districts by Monday, September 27, or they will lose their ability to control the process. On Monday, two bills to implement these cards, Senate Bills 881 and 882, crossed the Senate in straight-line votes.

Even so, the ability of lawmakers to succeed this year seems to become more and more unlikely with each passing day. Last week, House Republicans announced they did not support Democratic proposals that could give the party lasting majorities in the legislature and a 5-1 dominance over Oregon congressional seats.

Republicans’ opinion mattered, as House Speaker Kotek gave the party equal scrutiny over the House Redistribution Committee earlier this year, as part of a deal to end the delay tactics. In theory, this gave the GOP the ability to veto any proposal.

But faced with the likelihood that his party’s political cards would be obstructed, Kotek reversed his decision on Monday, the first day of the special session.

In a move that surprised many on Capitol Hill, the speaker replaced the old House redistribution committee equally with two separate committees – one for the congressional map, one for the legislative map. Kotek populated these committees to ensure that his party’s proposals reach the House floor.

The maneuver sent Republicans crawling towards the exits. Without at least three House Republicans in attendance, Democrats are unable to achieve the two-thirds quorum required to conduct their business, and their cards would die on the vine.

But while Republicans made it clear on Monday that they were considering a walkout, they actually never announced the decision to leave Capitol Hill. Instead, a floor session of the House scheduled for Tuesday morning was delayed until 1 p.m., apparently at the request of parliamentary minority leader Christine Drazan, R-Canby.

When 1 p.m. arrived, no Republican appeared to be on the Capitol grounds. But COVID-19 has delayed any clarity on whether the party would deny Democrats a quorum.

“In the last hour, we have been informed that someone who was on Capitol Hill yesterday tested positive for COVID,” Kotek said, taking the House rostrum shortly after 1:20 p.m. “Our goal is to keep the Capitol’s business as safe as possible. We are working with the governor and the Oregon Health Authority to ensure that testing is available to people who were close contacts of the positive case. “

Kotek adjourned the House until 9 a.m. on Wednesday, although it is not clear how many lawmakers would come forward to face the positive case. Kotek said vaccinated lawmakers would not have to be quarantined, but it was not clear whether they would be required to be tested before attending the session.

In a statement, Drazan said his members would continue conversations on new maps.

“It is in the best interest of the Oregonians that we reclaim an opportunity to pass fair cards,” she said. “They deserve fair representation despite the unexpected steps taken by the President yesterday. “

The added chaos of COVID fear wasn’t the only factor complicating Democrats’ attempts to pass political cards. On Tuesday morning, State Representative Marty Wilde D-Eugene sent a burning letter to his colleagues in the House announcing that he would refuse to support the legislative cards proposed by his party.

Wilde suggested in the email that he criticized the way the Senate Democrats’ initial set of legislative maps handled Eugene’s area and that his criticism had been retaliation. According to maps that were passed by the Senate on Monday, Wilde’s house had been drawn to a Republican-leaning neighborhood.

“I can’t tell you how many people told me last week ‘This is not personal’,” Wilde wrote in the post. “My friends, it’s personal. I have it directly from you and from the Senate As it was insisted by the Senate, even after Tina [Kotek] pleaded for me…. I had the temerity to speak up and I was punished for it.

Wilde’s vote would not be necessary if the qualified majority Democrats are able to put the proposals to a vote, unless other party members are also aggrieved. The lawmaker’s letter prompted a response on Tuesday from State Representative Andrea Salinas, D-Lake Oswego, who led Democrats’ redistribution efforts in the House.

“As I believe I told you last week, ‘It’s not personal’ meaning no one knew where you lived and targeted you in line selection,” Salinas wrote, adding that ‘she insisted that the cards “reflect population growth, compliance with the law and public comment.”

PlanScore, a non-partisan online tool that analyzes redistribution proposals for partisan bias, suggests that the congressional map Democrats hope to adopt is heavily favored in the best interests of their party. The tool suggests that the new legislative maps are relatively balanced and might slightly favor Republicans in some ways, although they would still guarantee Democratic majorities.

If lawmakers do not pass new legislative maps by September 27, the responsibility for the process will lie with Democratic Secretary of State Shemia Fagan. If the legislature fails to pass a new congressional plan, that task would be left to state courts.

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