Hard to read? Oregon GOP boycott comes down to reading level

May 4, 2023, 9:11 PM

SALEM, Ore. (AP) — Republicans blocking votes on bills about abortion, gun control and gender-affirming health care in Oregon this week have based their boycott on an obscure, 44-year-old state law that requires bill summaries to be written at the reading level of an eighth- or ninth-grader.

GOP leadership says their walkout — now on its third day — is about “every bill” but that two bills that would expand protections for abortions and transgender health care and place more limitations on gun ownership “specifically don’t qualify” under the 1979 law.

Democrats say Republicans didn’t take issue with the writing style of bipartisan bills they backed earlier in the session until hot button issues were on the table. The fate of the contested bills is now unclear; under a new voter-approved law, Oregon legislators who have 10 unexcused absences are banned from reelection.

“This is about abortion, guns and transgender rights,” said Senate Majority Leader Kate Lieber. “The timing of this is such that they’re walking out on important legislation that Oregonians sent us here to do.”

GOP senators did not show up again Friday, blocking legislative business, and Democrats said they would try again Saturday morning.

The 1979 law in question specifically requires bill summaries to have an eighth- or ninth-grade reading level — measured by a score of at least 60 on something called the Flesch readability test. It’s unclear if it was ever followed or consulted for past bill summaries, but it was dusted off recently by a Republican Senate employee who dug it out the Capitol archives.

“It’s important that we follow the law because, if we’re passing laws today, are we just expecting in, you know, 20, 30, 40 years that people are just going to ignore the laws that we have on the books that we all passed? I don’t think we would appreciate that,” said Senate Republican leader Sen. Tim Knopp.

“And so I’m pretty sure that the legislators that did that back then also wanted the law followed.”

The namesake of the Flesch test was Rudolf Flesch, a Vienna-born psychologist and readability expert specializing in the art of plain talk.

Designed in the 1940s to measure how easy it is to read and understand a text, the Flesch readability test factors word and sentence length to determine the grade level of a text. Scores range from 1 to 100, with 100 being the easiest to read and 1 being the most difficult. A score between 60 and 70 indicates an eighth- or ninth-grade reading level.

Flesch’s readability formula eventually inspired lawmakers across the country in the 1970s to use the test to make insurance policies easy-to-read for everyday consumers. In 1975, scientist J. Peter Kincaid refined the formula into the Flesch-Kincaid Readability test to help U.S. Navy personnel improve technical documents.

By 1979 in Oregon, lawmakers had figured out a way to use the Flesch test to shape legislation with plain language, too. Senate Bill 543 passed with overwhelming bipartisan support at the time.

Gary Wilhelms, the Oregon house minority leader in 1979, was one of 31 bipartisan votes to pass the readability bill. On Monday, the 85-year-old Republican addressed the resurfacing of the law decades after it’s passage in a statement released by the GOP senators.

“Transparency prevailed then as it should today,” Wilhelms said. “The law is the law, and I’m glad the Senate Republican Caucus is attempting to enforce this statute today.”

In an interview with The Associated Press, Wilhelms said his memory of the political moment in 1979 that shaped the readability law is fuzzy. He described it as “minor legislation.”

Justin Brecht is the senior policy analyst for the Senate Republican caucus who knocked the dust off the law four decades later. But even with that legislation, it would take more digging and a legal opinion to understand how it fit into the GOP playbook.

“Well, at first it was, ‘Well, what’s this statute that it says these measure summaries have to comply with?’” Brecht said. “Most don’t even know what the Flesch readability standard is.”

Republican lawmakers have until May 12 before those with 10 unexcused absences will be banned from reelection under the new law passed by 70% of Oregon voters last year.


Komenda reported from Seattle. Associated Press writer Claire Rush in Salem, Oregon, also contributed.


The Associated Press receives support from several private foundations to enhance its explanatory coverage of elections and democracy. See more about AP’s democracy initiative here. The AP is solely responsible for all content.

United States News

Associated Press

Tornado kills multiple people in Iowa as powerful storms again tear through Midwest

GREENFIELD, Iowa (AP) — Multiple people were killed when a tornado tore through Greenfield and left a wide swath of obliterated homes, crumpled cars and splintered trees, while outside the small town, massive wind turbines were buckled and twisted to the ground by the howling winds. After devastating the town of 2,000 residents, the storms […]

10 hours ago

Former President Donald Trump sits in a courtroom next to his lawyer Todd Blanche before the start ...

Associated Press

Trump hush money trial enters new phase after defense rests without testimony from former president

Donald Trump's hush money trial is now closer to the moment when the jury will begin deciding the former president's fate.

13 hours ago

Associated Press

Rangers recover the body of a Japanese climber who died on North America’s tallest peak

ANCHORAGE, Alaska (AP) — Rangers have recovered the body of a Japanese man who died after an apparent fall while climbing North America’s tallest peak, authorities said Tuesday. Denali National Park and Preserve identified the climber as T. Hagiwara, from Sapporo, Hokkaido, Japan. He was identified by his first initial in keeping with his family’s […]

14 hours ago

Associated Press

Detroit could be without Black representation in Congress again with top candidate off the ballot

LANSING, Mich. (AP) — A Detroit Democrat will not appear on the ballot after building significant support within the party in his attempt to unseat U.S. Rep. Shri Thanedar in Michigan’s August primary, after election officials determined that he had not submitted enough valid signatures. Wayne County Clerk Cathy Garrett’s ruling on Tuesday to keep […]

14 hours ago

DeAnn Kilgore grappled with the unexpected letter from her husband's killer, Michael Moore. Despite...

By KSL Podcasts

Letters lead to meeting killer, life-changing moment

DeAnn Kilgore grappled with the unexpected letter from her husband's killer, Michael Moore. Despite initial reluctance, she read it, prompting a profound journey of forgiveness and spiritual healing for herself and her family.

15 hours ago

Associated Press

Hawaii officials stress preparedness despite below-normal central Pacific hurricane season outlook

HONOLULU (AP) — This year’s hurricane season for waters around Hawaii will likely be “below normal” with one to four tropical cyclones across the central Pacific region, forecasters said Tuesday. A near-normal season has four or five cyclones, which include tropical depressions, tropical storms and hurricanes. Last year, during strong El Nino conditions, four tropical […]

15 hours ago

Sponsored Articles



Desert Institute for Spine Care is the place for weekend warriors to fix their back pain

Spring has sprung and nothing is better than March in Arizona. The temperatures are perfect and with the beautiful weather, Arizona has become a hotbed for hikers, runners, golfers, pickleball players and all types of weekend warriors.


Collins Comfort Masters

Here’s 1 way to ensure your family is drinking safe water

Water is maybe one of the most important resources in our lives, and especially if you have kids, you want them to have access to safe water.


Day & Night Air Conditioning, Heating and Plumbing

Day & Night is looking for the oldest AC in the Valley

Does your air conditioner make weird noises or a burning smell when it starts? If so, you may be due for an AC unit replacement.

Hard to read? Oregon GOP boycott comes down to reading level