Rep. Diehl: Details on court case on gas tax referendum

By Oregon State Representative Ed Diehl
Press Release,

3/3/26 – SALEM, OR — Representative Ed Diehl, gubernatorial candidate and Co-Chief Petitioner of the referendum on 2025, transportation tax and fee increases, announced the filing of a lawsuit seeking injunctive relief against Senate Bill 1599, which Governor Tina Kotek signed into law on March 2, 2026.

Rep. Ed Diehl filed the lawsuit jointly by Senate Minority Leader Bruce Starr and Jason Williams of the Taxpayer Association of Oregon (fellow chief petitioners on the successful referral), along with other plaintiffs from across the state representing a variety of backgrounds and political affiliations — seeks to immediately halt enforcement of SB 1599 and preserve the referendum process. The referendum, Referendum Petition 2026-302, had already been certified for the November 3. 2026, general election on the 2025 transportation, tax and fee package.

“This filing is necessary to defend the constitutional rights of over 250,000 Oregonians who gathered signatures in just 38 days for a November vote,” said Rep. Diehl. “We trusted the process: signatures were verified, the referendum was certified under Article IV, and the promise was a high-turnout general election. Shifting it to the lower-turnout May, 19, 2026, primary after the fact is an unconstitutional mid-game rule change that suppresses voter voices and disrespects the grassroots effort led by retirees, small business owners, parents, and volunteers statewide.

As the primary organizer of the signature drive that exceeded requirements by more than double (over 10% of the prior general election turnout), Rep. Diehl is leading this legal challenge. The lawsuit argues violations of Oregon’s constitutional referendum protections, due process, and fair election principles, including compressing the timeline so severely that citizens cannot realistically use the statutory process allowing them to qualify voters’ pamphlet arguments by gathering 500 signatures instead of paying the $1,200 filing fee.

“The people exercised their reserved power because they felt unheard on these massive tax hikes,” Diehl continued. “We won’t let Salem rewrite the rules to silence them.”

The Oregon Constitution promises voters free and equal elections, and changing the rules after citizens qualify a referendum violates that promise. This fight continues in court to ensure Oregonians get their full say in November—no suppression, no tricks.”

Details of the court filing and the next steps will be provided as proceedings advance.

Rep. Ed Diehl concluded a press conference outside the Senate floor at 2:30 p.m. on Tuesday, March 3, 2026, where he and co-chief petitioners Sen. Bruce Starr and Jason Williams formally announced the joint filing seeking an injunction against SB1599

(Note: SB1599 was signed March 2 after House passage. The lawsuit follows Rep. Diehl’s repeated warnings of legal action if the bill became law, building directly on the successful petition effort he co-led.)