Oregon gas tax opponents file another lawsuit in federal court

The Right to Vote on the Gas Tax Political Action Committee — organized by Sen. Bruce Starr, R-Dundee; Rep. Ed Diehl, R-Scio, and the Taxpayer Association of founder Jason Williams — filed a new lawsuit Tuesday in the U.S. District Court of Oregon in Portland one week after a Marion County judge denied their original claims, ruling that the gas tax vote would remain on the May ballot. 

The lawsuit alleges Oregon Secretary of State Tobias Read violated the First and 14th amendments of the U.S. Constitution, as well as the Americans with Disability Act because it didn’t provide Oregonians with enough time to collect the 500 signatures needed to get an argument into the Oregon Voters’ Pamphlet before the March 12 deadline if they can’t pay the alternative $1,200 fee. 

“Oregonians were told they have a voice, then the state put a $1,200 price tag on it,” Diehl said in a statement. “That’s not democracy. That’s a pay-to-play system designed to shut out ordinary citizens.”

Four people and an unspecified number of unidentified people who intended to file arguments but missed the March 12 deadline are also listed as plaintiffs.

“We will continue to follow the law as it is set out by the Constitution, the legislature and the courts,” Read said in a statement. “We hope this issue will be resolved quickly because there are rapidly approaching deadlines for elections officials to produce the voters’ pamphlet in a timely manner.”

The lawsuit stems from when Oregon Democrats on March 2 secured enough votes to pass a law rescheduling the date Oregon voters can approve or reject parts of a controversial 2025 transportation law that would raise the gas tax by six cents, double the payroll tax used for public transit and increase title and registration fees. 

No Republican in either chamber supported the bill. Just one Democratic senator and five House Democrats voted against it. Gov. Tina Kotek signed the bill into law immediately.

Lawmakers blew past a Feb. 25 suggested deadline Read gave them to pass the law to allow time for Oregonians to collect signatures. The lawsuit says Read admitted that lawmakers compressed the timeline for Oregonians to include their arguments in the voter pamphlet after missing the deadline. 

“Senate Bill 1599A collapsed the existing statutory framework meant to provide robust public processes related to explanatory and fiscal statements, racial impact statements, and avenues for citizens to engage in pure political speech,” the lawsuit reads. 

The plaintiff’s claims are similar to those made by Mary Martin, a disabled senior living in Klamath Falls who filed a lawsuit in federal court and argued that the state violated federal disability rights by requiring she quickly submit 500 signatures or pay the $1,200. The judge in that case ordered Read to let her submit her argument against the measure without a fee or gathering signatures.  

Tuesday’s lawsuit is at least the fourth lawsuit filed after lawmakers changed the date of the gas tax referendum, the Statesman Journal first reported. 

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