“In the absence of this Court’s intervention, voters will be marginalized, and the gubernatorial race will be irreversibly altered by a lone government official applying novel and untested legal reasoning,” wrote Kristof’s attorneys.
Fagan ruled Thursday that Kristof does not meet the requirements of the state Constitution that mandates one must be a resident for three years to run for governor.
“Every day that passes between now and a judicial reversal of the secretary of state’s decision prejudices Kristof, his supporters, and the fairness of the Democratic primary,” Kristof’s lawyers wrote, according to The Oregonian/Oregon Live. “His ability to do the work of a candidate for governor — raise money, win endorsements, attend campaign events — is severely burdened now that the secretary of state has announced to the public that he is ineligible.”
A matter like Kristof’s would usually work its way through the court system to the higher court, starting at the circuit level, Oregon Public Broadcasting reported. However, Kristof argued that the Oregon Supreme Court should soon end the questioning regarding his residency, well before the March 17 deadline for candidates to qualify for the May Democratic primary ballot.
“It is imperative that Kristof’s eligibility be decided well before then,” Kristof’s lawyers wrote, according to Oregon Public Broadcasting. “The gubernatorial campaign is well underway, for Kristof and others. Kristof cannot effectively do the work of a candidate for office under the cloud created by the Secretary of State’s decision.”
If justices are unable to find a reason to force Fagan to rescind her decision, Kristoff asked that she be required to explain her reasoning in court.
Kristof’s arguments in the petition and a concurrent memo filed with the court mirror arguments his attorneys have been making for months: The Pulitzer Prize-winner grew up in Yamhill, has long maintained property and summered there, and has said he always considered Oregon to be his home.
But Kristof has spent much of his life outside the state, living in New York and abroad to pursue his profession. He voted as a New York resident in November 2020, and possessed a New York driver’s license the same year.
Democrats have held Oregon’s governor’s office since 1987. Those running for the state’s high office include Oregon House Speaker Tina Kotek and state Treasurer Tobias Read.
Republicans seeking their party’s nomination include state Rep. Christine Drazan, former Republican nominee Bud Pierce and Sandy Mayor Stan Pulliam.
The Associated Press contributed to this report.
