Decision 2026: Circuit court judge to rule quickly on lawsuit against state over timing of gas tax referendum

A Marion County Circuit Court judge, David Leith, is expected to rule soon on a lawsuit challenging the state’s decision to move a referendum on new gas taxes and road fees from the November general election to the May primary. The lawsuit, brought by GOP lawmakers, voters, and the Right to Vote on the Gas Tax Political Action Committee, alleges that the move violates the Oregon Constitution, due process, and fair election principles. Plaintiffs argue that the change limits their time to reach voters, while the state contends the legislature has the constitutional authority to set the referendum date.

During Tuesday’s hearing, attorneys for both sides presented arguments. Julie Parrish, representing the plaintiffs, indicated they would appeal an unfavorable ruling. Thomas Castelli, representing Secretary of State Tobias Read, argued the legislature’s power is explicit. Judge Leith acknowledged the validity of both positions but stated he would base his decision on the constitutional merits of the case, not on the balance of potential harms.

A separate federal lawsuit alleging discrimination against people with disabilities due to the date change is also pending, with oral arguments scheduled for Wednesday in Portland. Referendum campaign leaders face a Thursday deadline to submit signatures or a fee to be included in the Oregon Voters Pamphlet.

(Source：Ktvz)