Plaintiffs argue SB 1599 represents political gamesmanship designed to shield lawmakers from accountability
(TILLAMOOK COUNTY, OR) — Max Sherman, candidate for State Representative in House District 32 and a petition circulator for the recently qualified gas tax referendum, has joined a statewide lawsuit challenging Senate Bill 1599, legislation that retroactively moves the voter-approved gas tax referendum from the November 2026 General Election to the May 2026 primary.
Sherman is the Tillamook County plaintiff in a lawsuit that includes 36 citizen plaintiffs from across Oregon — one representing each county — along with Senate Minority Leader Bruce Starr, Representative Ed Diehl, and Jason Williams of the Taxpayers Association of Oregon.
More than 250,000 Oregonians signed the referendum petition to place the transportation tax on the November ballot. Petition sheets clearly stated that the vote would occur during the November 2026 General Election.
Sherman personally gathered signatures.
“When voters signed those petitions, they were told the vote would be in November,” Sherman said. “The legislature does not have the right to change the rules after the people have already exercised their constitutional authority.”
The lawsuit asks the court to clarify whether the legislature has the power to retroactively alter the election date of a referendum after it has been certified by the Secretary of State.
SB 1599 passed despite overwhelming public opposition. The original transportation tax bill received 94% opposition in testimony. The bill moving the referendum to May received over 98% opposition.
Representative Cyrus Javadi voted in favor of advancing SB 1599. During debate, he dismissed signature gatherers with the comment, “bless their hearts for being out in the rain.”
“That kind of condescension toward citizens who exercised their constitutional rights is unacceptable,” Sherman said. “These are not political pawns. They are taxpayers, business owners, retirees, and working families who felt strongly enough to stand in the rain and demand accountability.”
Javadi defended the move by claiming the May election provides voters a “clear, focused opportunity” to decide. Sherman disagrees.
“Moving the vote to a lower-turnout May election after 250,000 citizens signed for November is political gamesmanship — plain and simple. This isn’t about timing. It’s about shielding lawmakers from accountability.”
Sherman emphasized that the lawsuit is not about partisanship, but about protecting Oregon’s century-old referendum process.
“There are two legislative bodies in Oregon — the elected legislature in Salem and the people of Oregon acting through the referendum. When the people act, the rules should not change after the fact.”
The lawsuit seeks expedited judicial review.
“I will not stand by while the will of the voters in House District 32 is manipulated,” Sherman said. “I am proud to stand with Oregonians across this state to defend the integrity of our elections.”