Rep. Diehl: AG confirms lawmakers can’t repeal referred gas tax


Attorney General Opinion Confirms Legislature Cannot Repeal Referred Transportation Tax

By Oregon State Representative Ed Diehl,

SALEM, Ore. – As reported by Willamette Week today, a 1935 Oregon Attorney General opinion confirms that once Oregonians invoke their constitutional right to referendum, the legislature has no authority to repeal the measure before voters have their say.

“The Oregon Constitution is unequivocal: the power of referendum is reserved to the people, and once a measure qualifies through signature verification, the Secretary of State has a clear, ministerial duty to place it before voters. There is no statutory or constitutional authority—none—for the Secretary of State to unilaterally remove a certified referendum from the ballot, even if the Legislature later repeals or amends the underlying law,” said Representative Ed Diehl (R-Stayton), one of the chief petitioners on the successful referendum. “Any effort to repeal HB 3991 at this stage is nothing less than an attempt to silence the voices of hundreds of thousands of Oregonians who demanded their right to vote. Democrats cannot bypass the people simply because they dislike the prospect of voters rejecting their tax hike.”

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