Federal judge upholds Oregon gas tax argument submission deadline

Oregon Secretary of State Tobias Read will not have to accept arguments on the gas tax referendum that were not submitted by the state’s March 12 deadline, a federal judge decided.

U.S. District Court Judge Michael Simon’s March 20 ruling is a second blow to the referendum’s chief petitioners: Senate Minority Leader Bruce Starr, R-Dundee, gubernatorial candidate Rep. Ed Diehl, R-Scio, and Jason Williams, founder of the Taxpayers Association of Oregon, whose attempt to keep the vote in November was shot down in Marion County District Court.

The litigation by supporters of the gas tax referendum began after Democratic lawmakers passed, and Gov. Tina Kotek signed, Senate Bill 1599 to move the vote on the gas tax and other transportation costs from the November election to May.

Submitting arguments for the voters’ pamphlet required paying $1,200 or the collection of 500 signatures.

The gas tax referendum leaders’ federal suit, joined by four individuals and unidentified people whose signature submissions were not accepted for the ballot, argued Read violated the First and 14th amendments of the U.S. Constitution and the Americans with Disabilities Act by enforcing the deadline for voters’ pamphlet submissions.

The lawsuit mirrors another suit Simon heard March 11. In those arguments, ahead of the deadline, Simon found there was a potential ADA problem because someone without disabilities would have two pathways to submit signatures, where someone who could not physically collect signatures would only have one.

Simon allowed Mary Martin, a disabled and low-income woman, to submit her argument without the signatures or paying the fee, but noted she must still meet the deadline.

The ruling has no effect on the 35 arguments that are already included in the voters’ pamphlet.

Simon declined to allow the submissions that missed the deadline to be added to the pamphlet in part because only one plaintiff stated they were disabled and none, he said, clearly outlined the extent of their financial situations.

“The Legislature interfered with the referendum process, changed the rules midstream, and 52 Oregonians lost their voice. And today, the court sided with the political class over the people,” Diehl told the Statesman Journal.

In a statement, Read expressed appreciation for the speed of the decision and urged Oregon voters to be on the lookout for voters’ pamphlets and ballots in the mail.

Voters will weigh in on whether to increase the gas tax and other transportation costs in the May 19 election.

A written decision from Simon was expected later on March 20.

Anastasia Mason covers state government for the Statesman Journal. Reach her at acmason@statesmanjournal.com or 971-208-5615.