January 16, 2026 6:20 a.m. 

Republican legislative leaders say 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 lawmakers said the precedent directly contradicts Governor Tina Kotek’s recent call for lawmakers to repeal her signature transportation package after more than 250,000 Oregonians signed a petition demanding a vote.

Senate Republican Leader Bruce Starr, one of the chief petitioners on the successful referendum said, “The Constitution requires an election. There is no statutory workaround, no procedural loophole, and no legal basis to keep this measure off the ballot. Governor Kotek’s sudden call for repeal is an attempt to censor the people’s vote, plain and simple, and it doesn’t change the law. Oregonians demanded a vote and the law guarantees they will get one”.

House Republican Leader Lucetta Elmer said, “The Oregon Constitution is clear that the power of referendum is reserved for the people, and once a measure qualifies through signature verification, the Secretary of State has a duty to place it before voters” Elmer said, “It is concerning that it took investigative reporting to bring attention to decisions that appear to deviate from established state policy and practice. Oregonians followed the constitutional process to request a vote, and they deserve transparency, adherence to the law, and leaders who respect the role of voters in deciding major tax policy”.

The Oregon Journalism Project first reported the AG opinion earlier this week.