Oregon — A Marion County judge has declined to block a new state law that moves a referendum on Oregon’s transportation tax package to the May 2026 primary election.
In a ruling issued Wednesday, Senior Judge David Leith denied a request from referendum supporters who sought to prevent the state from holding the vote earlier than originally expected. The lawsuit challenged legislation that shifted the referendum from the November general election to the spring primary ballot.
Leith concluded the plaintiffs were unlikely to prevail in their constitutional claims, writing that the Legislature likely acted within its authority when it changed the election date and adjusted related election procedures.
“Plaintiffs’ motion must be denied,” the judge wrote, emphasizing that the challengers had not demonstrated a strong likelihood of success on the merits of their case.
The legal challenge was filed March 3 against Oregon Secretary of State Tobias Read. Plaintiffs include Rep. Ed Diehl (R-Scio), Senate Republican Leader Bruce Starr (R-Dundee), and a political action committee supporting the referendum.
Their lawsuit argues that lawmakers improperly changed the timing of the vote after petition organizers had already gathered signatures to refer the transportation law to voters.
At the center of the dispute is Senate Bill 1599, passed during the 2026 legislative session. The measure moved the referendum election to May rather than November.
Opponents of the change contend the earlier vote limits participation and compresses timelines tied to the state’s voter information process. Attorneys representing the plaintiffs argued in court that the adjustment interferes with Oregonians’ constitutional referendum rights.
State attorneys defended the law in court, pointing to provisions in the Oregon Constitution that allow the Legislature to set a different election date for a referendum.
Meanwhile, a related federal case is also unfolding in Portland.
That lawsuit challenges the state’s requirements for submitting arguments in the official voters’ pamphlet, which typically require either 500 supporting signatures or a $1,200 filing fee.
U.S. District Judge Michael Simon issued a limited temporary restraining order in that case after hearing arguments Wednesday, citing concerns that the existing requirements could violate the Americans with Disabilities Act.
As part of that ruling, the judge allowed Mary Martin—a plaintiff who said she is low-income and has disabilities—to submit an argument in the voters’ pamphlet without paying the fee.
Simon also stated the secretary of state has the authority to waive the requirement for others in similar circumstances, though doing so is not mandatory.
The referendum itself targets House Bill 3991, a major transportation funding package passed during a 2025 special legislative session. The measure increased fuel taxes, vehicle registration fees, and temporarily raised a payroll tax used to support public transit.
Petition organizers gathered hundreds of thousands of signatures after the bill was signed into law by Gov. Tina Kotek, triggering the statewide vote.
If a later court ruling were to move the referendum back to November, the federal dispute over the pamphlet requirements could become moot because participants would have additional time to meet the existing standards.
For now, the judge’s decision keeps the transportation tax referendum scheduled for Oregon’s May 2026 primary election.
About the Author
Discover more from Right Now Oregon
Subscribe to get the latest posts sent to your email.
Another LIBBIOT JUDGE THAT NEEDS DE-ROBED!!!!
They went judge shopping the right of the people to due process has not been met , and the decision was preordained this judge has thumbed his nose at voters and has allowed this administration to undermine voters