This veto referendum asks Oregon voters whether to uphold or repeal the tax and fee increases in House Bill 3991, passed on party-line votes during a September 2025 special session and signed by Governor Tina Kotek on November 7, 2025. A YES vote upholds the taxes. A NO vote repeals them.
Raises approximately $791 million per biennium ($4.3 billion over 10 years) for transportation maintenance, operations, and transit. Revenue is split: 50% to ODOT state highways, 30% to counties, 20% to cities.
Oregon's State Highway Fund relies on gas tax revenue, which has flattened as vehicles become more fuel-efficient and EVs pay no gas tax. ODOT faces a $354 million deficit in the 2025–27 biennium. Without new revenue, ODOT has already laid off 483 workers and faces an additional 470+ layoffs. The agency would close maintenance stations, reduce snow plowing, delay pothole repairs, and shut 8 rest areas. Counties and cities that receive 50% of gas tax revenue face parallel cuts to local road maintenance.
The last major transportation funding package was in 2017. Oregon's gas tax has not been meaningfully adjusted for inflation since then. A larger $11–14 billion package failed in the regular 2025 session; HB 3991 was a stripped-down emergency measure passed in special session.
Filed November 10, 2025 by Senator Bruce Starr (R), Representative Ed Diehl (R), and Jason Williams of the Taxpayer Association of Oregon. Collected 250,949 signatures (78,116 needed). Certified December 30, 2025. The No Tax Oregon campaign supports a NO vote to repeal. As of February 2026, no organized campaign has registered in support of a YES vote to uphold the law.
Political context: 95% of public testimony during the legislative process opposed the bill. Polling shows 67% would vote to repeal. Governor Kotek initially asked the legislature to repeal HB 3991 itself, but legislative counsel ruled the legislature cannot repeal a measure already referred to voters. Democratic leaders are attempting to move the vote from November to the May 19 primary.
Twenty-three Oregonians were selected to mirror the state's demographics by geography, party registration, race, age, income, housing tenure, and relationship to the measure. Oregon is 75% White non-Hispanic, 14% Hispanic, 5% Asian, 3% Black, and 2% Native American. Voter registration is 32% Democrat, 24% Republican, 37% Nonaffiliated, and 7% minor parties. Approximately 65% of the population lives in urban areas along the I-5 corridor, 33% in rural areas.
Jury composition: 7 Democrat (30%), 6 Republican (26%), 8 NAV (35%), 1 Independent Party, 1 Libertarian. 18 White (78%), 3 Hispanic (13%), 1 Asian, 1 Black, 1 Native American. 15 homeowners, 8 renters. 14 Portland metro/Willamette Valley, 4 Southern Oregon, 2 Central Oregon, 2 Coast, 1 Eastern Oregon. Ages 26–71, median 44. Household incomes $28K–$145K, median $68K.
YES: Tamara, Linda, Rachel, Patricia, Danielle, Amy, David. Undecided: Derek, Mike H., Sarah, Jennifer, Wendy, Theresa, Colleen. NO: Maria, Brian, Tom, Kyle, Jason W., Gary, Craig, Bobby, Phil.
Shifted to YES: Mike Halverson (ODOT knowledge), Wendy Paulson (county roads), Colleen Murphy (coast business). Shifted to NO: Sarah Johansson (regressivity/cost). Still undecided: Derek, Jennifer, Theresa.
Shifted to YES: Derek Stanton (engineering logic), Theresa Running Elk (tribal roads). Shifted to NO: Jennifer Nakamura-Reeves (accountability), Bobby Kitzhaber (wallet over union). Still undecided: David Hernandez.
David Hernandez shifted from undecided to NO (cost). Jason Westbrook unmoved by Mike's bridge argument. One holdout: Bobby Kitzhaber still wavering. Dead even.
The jury spent 90 minutes drafting and voting on seven key findings. See the Findings section below.
RESULT: 12 NO — 11 YES
NO (Repeal) — 12: Maria Gonzalez-Trujillo (NAV), Brian Kowalski (R), Tom Bridgewater (R), Kyle McCready (NAV), Jason Westbrook (R), Gary Fisk (L), Craig Olsen (NAV), Sarah Johansson (NAV), Bobby Kitzhaber (NAV), Phil Decker (R), David Hernandez (D), Jennifer Nakamura-Reeves (NAV).
YES (Uphold) — 11: Tamara Washington (D), Linda Chen (D), Mike Halverson (R), Rachel Okonkwo (D), Patricia Morales (D), Amy Larsen (NAV), Danielle Moreau (D), Derek Stanton (NAV), Wendy Paulson (R), Colleen Murphy (D), Theresa Running Elk (IPO).
Cross-partisan coalitions: The YES side included 2 Republicans (Halverson, Paulson) who voted against party based on institutional knowledge of infrastructure needs. The NO side included 1 Democrat (Hernandez) who broke from party based on personal economic pressure, plus 5 Nonaffiliated voters united by cost-of-living concerns.
The following findings were drafted by jurors and approved by the indicated margins. These represent what the jury believes every Oregon voter should know.
The following argument is formatted using only elements permitted by the Oregon State Voters' Pamphlet Manual (OAR 165-016-0000, Rev. 9/2025): bold, italic, underline, bulleted lists, and centered text. Filed via ORESTAR in the opposition column. 325-word limit. $1,200 filing fee.
A Citizens' Jury Narrowly Voted to Repeal — 12 to 11
This is an AI simulation, not a real panel. 23 simulated jurors — designed to approximate a statistically random sample of Oregon's electorate by geography, party, race, age, and income — deliberated for five simulated days examining HB 3991 with arguments drawn from real testimony by legislators, ODOT officials, economists, county engineers, tribal leaders, and transit agencies.
This near-split, from a projected 67–19 blowout, shows this is a harder choice than either side admits.
The jury unanimously found:
The majority voted NO because:
The bill asks low- and middle-income families to bear the cost without accountability. ODOT has a $1 billion forecasting error and billions in project overruns. The bill's oversight provisions lack teeth — no independent oversight board, no binding cost caps, no competitive bidding reform. The legislature passed it in a special session on party-line votes after 95% of public testimony opposed it. The governor herself later asked to repeal it.
The minority voted YES because:
Roads and transit are failing now. 483 ODOT workers already laid off. Counties will close rural roads. Tribal communities will lose access to medical care. Rejecting imperfect funding in hope of a better bill risks years of compounding deterioration.
Both sides agreed: Oregon needs infrastructure funding and ODOT accountability reform. The legislature should pair real revenue with real reform in any replacement bill.
Full simulation: electionbyjury.org/or-gas-2026
This is an AI-generated simulation of a Citizens' Initiative Review (CIR), modeled on Oregon's real CIR process established by the Oregon Legislature in 2011. Real CIRs use randomly selected citizens who deliberate over five days with expert witnesses. This simulation uses AI to model the process.
This is not a real deliberation. No actual citizens participated. The jurors, their opinions, and their shifts are modeled based on Oregon demographics, the political environment, documented public testimony, and the actual arguments made by real stakeholders. The simulation attempts to represent the range of genuine perspectives Oregonians hold, including realistic cognitive patterns like confirmation bias, motivated reasoning, and genuine persuasion through evidence.
Measure text: HB 3991 enrolled bill. Fiscal analysis: Legislative Revenue Office estimates. Testimony: 1,134 pieces of written testimony submitted during legislative process. Demographics: Oregon Secretary of State voter registration (December 2025), U.S. Census ACS 2023. Arguments: Drawn from actual statements by Sen. Khanh Phạm, Sen. Bruce Starr, Rep. Ed Diehl, Jason Williams (Taxpayer Association of Oregon), Joe Cortright (City Observatory), ODOT officials, Association of Oregon Counties, TriMet, Oregon Farm Bureau, Oregon Center for Public Policy, Tax Policy Center, and others.
23 jurors selected to match Oregon's demographics: 78% White, 13% Hispanic, 4% Asian, 4% Black, 4% Native American (state: 75/14/5/3/2). Party: 30% Democrat, 26% Republican, 35% NAV, 9% minor party (state: 32/24/37/7). Geography weighted toward Portland metro/Willamette Valley (61%) with representation from Southern Oregon, Central Oregon, Coast, and Eastern Oregon. Income range $28K–$145K, median $68K. Ages 26–71, median 44.
The 12-11 NO verdict reflects the simulation's honest assessment that a well-informed jury in Oregon's current political environment would narrowly vote to repeal, consistent with but far closer than the 67-19 polling margin. The dramatic tightening reflects what CIR research shows: deliberation with expert testimony typically moves voters toward the center on complex policy questions, as both sides' strongest arguments become visible simultaneously.
Clay Shentrup · Election by Jury · www.ElectionByJury.org · Portland, Oregon