Judge to Decide Gas Tax Referendum Timing in Oregon Case

A Marion County Circuit Court judge will soon rule on a lawsuit concerning the timing of a gas tax referendum in Oregon. The case, brought by Republican lawmakers and voters against Secretary of State Tobias Read, centers on whether a recent law violates the state constitution by moving the referendum vote from the November general election to the May primary.

Senior Judge David Leith heard approximately an hour and a half of arguments from both sides during a hearing on March 10, 2026, at the Marion County Courthouse in Salem. He indicated that a decision would be issued by Wednesday, with a more detailed explanation of his ruling expected by Friday.

The plaintiffs, including the Right to Vote on the Gas Tax Political Action Committee, state Senate Minority Leader Bruce Starr, and Representative Ed Diehl, argue that Senate Bill 1599 infringes on voters’ rights and due process. They claim the law limits their ability to campaign effectively, as it reduces the time available to reach voters before the May primary.

During the hearing, Leith noted that neither side’s arguments were “preposterous.” He challenged Parrish’s assertion that the new timeline unfairly restricts the plaintiffs’ free speech rights. Leith stated that he would focus on the constitutional merits of the case rather than the balance of harms presented by both parties.

A separate federal lawsuit has also been filed against Read by Klamath Falls resident Mary Martin, alleging that the change in timing violates federal discrimination laws regarding individuals with disabilities. Oral arguments in that case are scheduled to take place on March 11, 2026, at 10:00 a.m. in the U.S. District Court in Portland.

The plaintiffs in the Marion County lawsuit contend that the new timeline compromises their ability to inform voters adequately. They have until Thursday to submit 500 signatures or pay a filing fee of $1,200 to include their argument in the Oregon Voters Pamphlet, which is distributed statewide prior to the May primary.

Attorney Julie Parrish, a former Republican state lawmaker, indicated that if the judge rules against the plaintiffs, they would likely appeal the decision to the state’s Appeals Court. On the other hand, Thomas Castelli, representing the Department of Justice, argued for the Secretary of State, asserting that the Oregon Constitution grants the State Legislature the authority to determine the timing of referendums.

As the case unfolds, the implications for the gas tax referendum and the broader discussion around voter rights in Oregon remain to be seen. Judge Leith’s forthcoming ruling will play a crucial role in shaping the future of this contentious issue.