Oregon Referendum 120, Increase to Gas Tax, Payroll Tax, and Vehicle Registration Fees Referendum (May 2026)
| Oregon Referendum 120 | |
|---|---|
| Election date |
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| Topic Business taxes and Fuel taxes |
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| Status On the ballot |
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| Type Veto referendum |
Origin |
Oregon Referendum 120, the Increase to Gas Tax, Payroll Tax, and Vehicle Registration Fees Referendum, is on the ballot in Oregon as a veto referendum on May 19, 2026.[1]
A "yes" vote upholds five sections of House Bill 3991 (HB 3991) related to tax and fee increases, including increases to the state's gas tax from $0.40 to $0.46, payroll tax for transportation from 0.1% to 0.2%, and vehicle registration and title fees, with revenue dedicated to the State Highway Fund for transportation funding. |
A "no" vote repeals five sections of HB 3991 related to tax and fee increases, including increases to the state's gas tax from $0.40 to $0.46, payroll tax for transportation from 0.1% to 0.2%, and vehicle registration and title fees, with revenue dedicated to the State Highway Fund for transportation funding. |
Overview
What would Referendum 120 do?
- See also: Text of measure
A veto referendum is a citizen-initiated ballot measure that asks voters whether to uphold or repeal an enacted law. If a majority of voters vote "yes" and uphold the law, the five sections of House Bill 3991 (HB 3991) targeted by Referendum 120 would increase the state's gas tax, vehicle title fees, and transit payroll taxes to increase state transportation funding. HB 3991 was passed during the special legislative session in September 2025 along party lines, with the Democratic majority supporting the measure and Republicans opposing it. With the qualification of the veto referendum, the targeted provisions of the bill are on hold until the election. The remainder of the bill took effect on January 1, 2026.[1][2]
How would House Bill 3991 increase transportation and vehicle taxes and fees?
House Bill 3991 would increase the state's gas tax from $0.40 to $0.46. It would also increase vehicle title fees ($77 increased to $216) and state registration fees:[1]
- Passenger vehicles: An increase from $43 to $85,
- Utility trailers or light trailers: An increase from $63 to $105,
- Mopeds and motorcycles: An increase from $44 to $86, and
- Low-speed vehicles: An increase from $63 to $105.
HB 3991 would increase the state transit payroll tax from 0.1% to 0.2%. The transit payroll tax is paid by employers and is used to fund public transit improvements. Local transit districts, such as TriMet (Portland area) and Lane Transit District, have their own local transit payroll taxes in addition to the state's. The Legislative Revenue Office estimated the tax, registration, and fee increases would generate $791 million in the 2025-2027 budget cycle.[3][4]
The revenue would be deposited in the State Highway Fund and distributed 50% to the Oregon Department of Transportation, 30% to counties, and 20% to cities.[5]
Who supports and opposes Referendum 120?
- See also: Support of a "yes" vote and Support of a "no" vote
No Tax Oregon is leading the campaign in support of a "no" vote on Referendum 120 to repeal the law. The petition was filed by state Sen. Bruce Starr (R-12), state Rep. Ed Diehl (R-17), and Jason Williams, director of the Taxpayer Association of Oregon. Williams said, "With nearly 200,000 signatures, this is the voice of no new taxes without a vote of the people. Just let us speak – let us have a say – let us have a vote. That’s all we ask."[6][7]
Ballotpedia has not identified a campaign in support of a "yes" vote on Referendum 120 to uphold the law. During the legislative process for HB 3991, David Carr, executive director of Sunset Empire Transportation District, submitted the following support for the bill: "State funding represents nearly 60% of our operating budget. Reductions would result in unavoidable service cuts, disproportionately harming disabled and transit-dependent riders. Conversely, timely and increased state funding could offset federal delays, preserve essential services, and enable the restoration of routes lost during previous cutbacks. A meaningful increase would also help us move closer to pre-COVID service levels and better serve unserved areas of our rural county."[8]
On January 7, 2026, Gov. Tina Kotek (D), who called for the special session on transportation funding and signed HB 3991 on November 7, 2025, announced she would ask the state legislature to repeal HB 3991. Gov. Kotek said, "Leaving the law in place would require ODOT to absorb implementation costs without new resources, thus prolonging uncertainty for communities and the transportation agency and further delaying progress toward a durable solution."[9]
Senate Republican Leader Bruce Starr (R) responded, saying, "Governor Kotek is not repealing this bill because she suddenly discovered it was bad policy. She is doing it because Oregonians stood up, made their voices heard, and forced her to make a political decision to save face."[9]
Text of measure
Full text
The full text of Referendum 120 is below:[1]
Support of a "yes" vote
A "yes" vote would uphold the law.
Supporters
Organizations
Arguments
Support of a "no" vote
No Tax Oregon is leading the campaign in support of a "no" vote on the measure to repeal the law.[6]
Supporters
Officials
- State Sen. Bruce Starr (R)
- State Rep. Ed Diehl (R)
Organizations
Arguments
Campaign finance
- See also: Ballot measure campaign finance, 2026
Right to Vote on the Gas Tax PAC registered as a political action committee (PAC) to sponsor Referendum 120. In Oregon, a "no" vote overturns the targeted legislation, meaning the campaign behind the veto referendum supports a "no" vote. Right to Vote on the Gas Tax PAC reported $243,044.62 in contributions. Ballotpedia has not identified a committee registered in support of a "yes" vote.[10]
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $103,962.00 | $139,082.62 | $243,044.62 | $59,890.20 | $198,972.82 |
| Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Total | $103,962.00 | $139,082.62 | $243,044.62 | $59,890.20 | $198,972.82 |
Opposition
The following table includes contribution and expenditure totals for the committee in support of the measure.[10]
| Committees in support of Referendum 120 | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| Right to Vote on the Gas Tax PAC | $103,962.00 | $139,082.62 | $243,044.62 | $59,890.20 | $198,972.82 |
| Total | $103,962.00 | $139,082.62 | $243,044.62 | $59,890.20 | $198,972.82 |
Donors
The following were the top donors who contributed to the support committee.[10]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| Taxpayers Association of Oregon | $5,000.00 | $100,527.34 | $105,527.34 |
| Frank Timber Resources, Inc. | $20,000.00 | $0.00 | $20,000.00 |
| Jackson Food Stores | $15,000.00 | $0.00 | $15,000.00 |
| Blane T. Belveal | $10,000.00 | $0.00 | $10,000.00 |
| Camp & Poole Distributing LLC | $10,000.00 | $0.00 | $10,000.00 |
Methodology
To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.
Background
House Bill 3991 (2025)
Gov. Tina Kotek (D) called a special legislative session that began on August 29, 2025, and adjourned on October 1, 2025, to address emergency funding for the transportation system. House Bill 3991 (HB 3991) was passed on September 29 during the special session. HB 3991 passed in the Oregon House of Representatives by a vote of 36-12, largely along party lines with one Republican joining the Democratic majority. It passed in the Oregon State Senate by a vote of 18-11, also along party lines. Gov. Kotek signed the bill on November 7, 2025. The vote breakdown is below.[11][12]
| Votes Required to Pass: 31 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 36 | 12 | 12 |
| Total % | 60.0% | 20.0% | 20.0% |
| Democratic (D) | 36 | 1 | 0 |
| Republican (R) | 0 | 11 | 12 |
| Votes Required to Pass: 16 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 18 | 11 | 1 |
| Total % | 60.0% | 36.7% | 3.3% |
| Democratic (D) | 18 | 0 | 0 |
| Republican (R) | 0 | 11 | 1 |
HB 3991 enacted several increases to transportation taxes and fees, including a $0.06 increase to the state's gas tax, a $139 increase to the state's title fee for passenger vehicles, vehicle-dependent increases to registration fees, and a 0.1% increase to 0.2% for the state employee payroll tax. The law also specified that the revenue from the increased tax and fees would be allocated as follows:[13]
- 50% to the Department of Transportation,
- 30% to counties, and
- 20% to cities.
The increased taxes and fees targeted by the veto referendum, which were set to take effect on January 1, 2026, are on hold until after the election. The remainder of the bill, not challenged by the veto referendum, took effect on January 1, 2026. The provisions of the bill that took effect include auditing requirements, changes to the membership and oversight of various transportation committees, repeal of the voluntary road usage charge program, changes to the annual registration fee surcharge based on miles per gallon for passenger vehicles, repeal of the toll program, and heavy vehicle tax increases.[13]
On January 7, 2026, Gov. Kotek announced she would ask the state legislature to repeal HB 3991. Gov. Kotek said, "Leaving the law in place would require ODOT to absorb implementation costs without new resources, thus prolonging uncertainty for communities and the transportation agency and further delaying progress toward a durable solution."[9]
Senate Republican Leader Bruce Starr (R) responded, saying, "Governor Kotek is not repealing this bill because she suddenly discovered it was bad policy. She is doing it because Oregonians stood up, made their voices heard, and forced her to make a political decision to save face."[9]
Oregon Department of Transportation financial report, 2025
Net revenue and expenditures
Below is a chart showing the state Department of Transportation's net revenue and total expenditures from 2019 to 2025. For fiscal year 2025, the net revenues totaled $2.91 billion, and the total expenditures totaled $2.49 billion.[14]
For fiscal year 2025, the Oregon Department of Transportation reported receiving $1.65 billion in net vehicle-related tax collections, including gas taxes, weight-mile taxes, and vehicle registration taxes. The chart below shows the net vehicle-related tax collections by type from 2019 to 2025.[14]
Veto referendums in Oregon
Since 2000, Oregon voters have decided on seven veto referendums, upholding five laws and repealing two. Oregon voters upheld a law in 2000 related to transportation that levied a $0.29 per-gallon diesel fuel tax and increased registration fees on heavy vehicles.
| Measure | Year | Description | Outcome |
|---|---|---|---|
| Measure 101 | 2018 | Uphold certain assessments/taxes on healthcare insurance and the revenue of certain hospitals to provide funding for Medicaid expansion | |
| Measure 88 | 2014 | Uphold making four-year driver licenses available to those who cannot prove legal presence in the United States | |
| Measure 66 | 2010 | Uphold increasing taxes on incomes at and above $250,000 for households and $125,000 for individual filers | |
| Measure 67 | 2010 | Uphold increasing $10 corporate minimum tax and profit tax and establishing $150 minimum business tax | |
| Measure 30 | 2004 | Uphold creating a surcharge on the state's income tax and increasing the minimum state corporate tax | |
| Measure 90 | 2000 | Uphold allowing regulated utilities to set rates that allow for returns on their undepreciated investments in retired property | |
| Measure 82 | 2000 | Repeal the weight-mile tax, replace it with a $0.29 per gallon diesel fuel tax, and increase registration fees on most heavy vehicles |
Path to the ballot
The state process
A veto referendum is a citizen-initiated ballot measure that asks voters whether to uphold or repeal an enacted law. This type of ballot measure is also called statute referendum, popular referendum, people's veto, or citizen's veto. There are 23 states that allow citizens to initiate veto referendums.
In Oregon, the number of signatures required for a veto referendum is equal to 4% of the votes cast in the last gubernatorial election. A simple majority vote is required for voter approval. The requirements to get a veto referendum certified for the 2026 ballot:
- Signatures: 78,116 valid signatures were required.
- Deadline: The deadline to submit signatures was December 30, 2025.
Stages of Referendum 120
The following is the timeline of the veto referendum:[15]
- November 10, 2025: The referendum was filed by state Sen. Bruce Starr (R-12), state Rep. Ed Diehl (R-17), and Jason Williams, director of the Taxpayer Association of Oregon.
- November 12, 2025: The referendum was cleared for signature gathering.
- December 12, 2025: Supporters of the veto referendum reported submitting nearly 200,000 signatures to the secretary of state. The deadline to verify the signatures was January 29, 2026.[2]
- December 29, 2025: The campaign submitted an additional 56,962 signatures for verification for a total of 250,949 signatures.
- December 30, 2025: The secretary of state reported that 163,451 signatures were valid, certifying the referendum for the ballot.
- March 2, 2026: Gov. Tina Kotek signed Senate Bill 1599 (SB 1599), moving the vote on the referendum from the November ballot to the May primary ballot. It passed in the Senate by a vote of 17-13, largely along party lines, on February 23. It passed the House on March 2 by a vote of 31-20, also along party lines.[16]
- March 3, 2026: The sponsors of the referendum filed a lawsuit arguing the rescheduling of the election from November to May violated the state constitution.[17][18]
- March 5, 2026: A second lawsuit was filed against Senate Bill 1599, moving the election from November to May. The lawsuit argued that the condensed timeline for gathering signatures to submit arguments for the voter's pamphlet is unconstitutional. It was filed in the U.S. District Court.[19]
- March 11, 2026:
- In Right to Vote on the Gas Tax PAC et al. vs. Tobias Read, Marion County Circuit Court Senior Judge David Leith ruled in favor of the state and upheld SB 1599, keeping the referendum on the May ballot.[20]
- In Martin v. Read, U.S. Circuit Court Judge Michael H. Simon ruled in favor of Mary Martin ordering the secretary of state to place her arguments in the voter information pamphlet without submitting signatures or paying the fee.[21]
- March 17, 2026: The campaign filed a second lawsuit in federal court arguing the secretary of state's enforcement of the deadline for arguments submission for the voter information pamphlet violated the First and Fourteenth Amendments.[22]
Right to Vote on the Gas Tax PAC et al. vs. Tobias Read
| Court Information | |
| Issue | Is the passage of Senate Bill 1599 unconstitutional because it subverts the rights of the petitioners of the veto referendum and shortens the timeline for citizens to submit statements to the voters' pamphlet? |
|---|---|
| Court | Oregon 3rd Judicial District |
| Ruling | |
| Ruling | Ruled in favor of defendants keeping the referendum on the May ballot |
| Order(s) | Order: Oregon 3rd Judicial District (March 11, 2026) |
| Participants | |
| Plaintiff(s) | Right to Vote on the Gas Tax PAC, Edwin Diehl, Bruce Starr, Jason Williams, Kit Johnston |
| Defendant(s) | Oregon Secretary of State Tobias Read |
Federal lawsuit
| Court Information | |
| Issue | Does the secretary of state's enforcement of the deadline for arguments for the voter information pamphlet violate the First and Fourteenth Amendments and the Americans with Disabilities Act? |
|---|---|
| Court | United States District Court for the District of Oregon |
| Participants | |
| Plaintiff(s) | Right to Vote on the Gas Tax PAC, Edwin Diehl, Bruce Starr, Jason Williams, Kit Johnston |
| Defendant(s) | Oregon Secretary of State Tobias Read |
Mary Martin vs. Tobias Read
| Court Information | |
| Issue | Does the shortened timeline to gather signatures to place arguments on the state's voter pamphlet violate the First and Fourteenth Amendments? |
|---|---|
| Court | United States District Court for the District of Oregon |
| Ruling | |
| Ruling | Ruled in favor of petitioner; ordering the secretary of state to place her arguments in the voter information pamphlet without requiring a fee or signatures. |
| Order(s) | Order: United States District Court for the District of Oregon (March 11, 2026) |
| Participants | |
| Plaintiff(s) | Mary Martin |
| Defendant(s) | Oregon Secretary of State Tobias Read |
How to cast a vote
- See also: Voting in Oregon
See below to learn more about current voter registration rules, identification requirements, and poll times in Oregon.
See also
View other measures certified for the 2026 ballot across the U.S. and in Oregon.
Explore Oregon's ballot measure history, including citizen-initiated ballot measures.
Understand how measures are placed on the ballot and the rules that apply.
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Oregon Secretary of State, "Measure 302 full text," accessed July 28, 2025
- ↑ 2.0 2.1 Oregon Public Broadcasting, "Oregon tax opponents turn in ‘nearly 200,000′ signatures," December 12, 2025
- ↑ Oregon State Legislature, "Revenue Impact of Proposed Legislation," accessed January 6, 2026
- ↑ Oregon.gov, "TriMet Transit Payroll Tax," accessed January 20, 2026
- ↑ Oregon State Legislature, "HB 3991 Fiscal analysis," accessed March 11, 2026
- ↑ 6.0 6.1 No Tax Oregon, "Home," accessed November 26, 2025
- ↑ OPB, "Oregon Governor Kotek sign transportation funding bill tax delay," October 14, 2025
- ↑ Oregon State Legislature, "Testimony," accessed January 9, 2026
- ↑ 9.0 9.1 9.2 9.3 KATU, "Gov. Kotek calls for repeal of Oregon's new transportation bill amid ODOT funding crisis," January 7, 2026
- ↑ 10.0 10.1 10.2 Oregon Secretary of State, "Committee Search," accessed January 5, 2026
- ↑ Oregon State Legislature, "House Bill 3991," accessed January 7, 2026
- ↑ Office of the Governor, "Governor Kotek Calls for Special Session to Address Transportation System Emergency," July 22, 2025
- ↑ 13.0 13.1 Oregon State Legislature, "House Bill 3991 text," accessed January 7, 2026
- ↑ 14.0 14.1 Oregon Department of Transportation, "Annual Report, 2025," accessed January 8, 2026
- ↑ Oregon Secretary of State, "2026 initiatives," accessed November 11, 2024
- ↑ Fox12, "Bill to move up Oregon gas tax vote signed by Gov. Kotek," March 3, 2026
- ↑ Salem Reporter, "Republican petitioners sue Oregon over law rescheduling gas tax referendum," March 3, 2026
- ↑ Oregon Courts, "Right to Vote on the Gas Tax PAC et al. vs Tobias Read," accessed March 5, 2026
- ↑ Statesman Journal, "Oregon Secretary of State sued again over May gas tax vote," March 5, 2026
- ↑ Oregon Captial Chronicle, "Judge rules gas tax question can go on May ballot, lawmakers did not violate Oregon constitution," March 11, 2026
- ↑ Oregon Captial Chronicle, "Federal judge rules state must let disabled senior submit anti-gas tax argument for voters’ pamphlet," March 11, 2026
- ↑ Central Oregon Daily, "Oregon gas tax referendum backers file another lawsuit after court loss," March 17, 2026
- ↑ Oregon Secretary of State, “Voting in Oregon,” accessed March 18, 2026
- ↑ Deschutes County Oregon, “Voting in Oregon FAQ,” accessed March 18, 2026
- ↑ Oregon Laws, "Or. Rev. Stat. § 246.270," accessed March 18, 2026
- ↑ 26.0 26.1 26.2 26.3 Oregon Secretary of State, "Oregon Online Voter Registration," accessed March 18, 2026
- ↑ Oregon Secretary of State, "Oregon Motor Voter Act FAQ," accessed March 18, 2026
- ↑ Oregon Secretary of State, "Oregon Voter Registration Card," accessed March 18, 2026
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ Florida's law takes effect on January 1, 2027
- ↑ Congress, "H.R.3295 - Help America Vote Act of 2002," accessed September 30, 2025
- ↑ Oregon Secretary of State, "Oregon Voter Registration Card," accessed March 18, 2026
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.