Federal judge rules disabled senior can submit anti-gas tax argument for voters' pamphlet

Mary Martin of Klamath Falls challenged Oregon's requirement to pay a fee or gather signatures to include her argument against a gas tax measure in the voters' guide.

Mar. 12, 2026 at 5:38pm

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A federal judge has ordered the Oregon Secretary of State to allow a 73-year-old Klamath Falls woman, Mary Martin, to submit an argument against a gas tax measure for inclusion in the state's voters' pamphlet without having to pay a $1,200 fee or gather 500 signatures by the upcoming deadline. Martin, who lives on a fixed income and uses a wheelchair, argued the state's requirements violated federal disability rights law by discriminating against people with mobility challenges.

Why it matters

This case highlights the challenges faced by disabled and low-income individuals in participating in the political process, and the importance of ensuring equal access to voter information materials like the state's voters' pamphlet. The judge's ruling could set a precedent for how states accommodate voters with disabilities when it comes to ballot measures and voter guides.

The details

The federal judge ruled that by only offering the options of paying a fee or quickly gathering signatures, the state was discriminating against people with disabilities who may have difficulty meeting those requirements in the truncated timeframe. While the state argued it was providing two pathways, the judge said that for those with mobility challenges, they effectively only had one option, which violated the Americans with Disabilities Act.

  • On March 5, 2026, Mary Martin filed a lawsuit against Oregon Secretary of State Tobias Read.
  • On March 12, 2026, the deadline for submitting arguments against the gas tax measure for inclusion in the Oregon Voters' Pamphlet.
  • On March 12, 2026, the federal judge verbally ordered the Secretary of State to allow Martin to submit her argument without paying the fee or gathering signatures.

The players

Mary Martin

A 73-year-old Klamath Falls resident who lives on a fixed income and uses a wheelchair, and challenged Oregon's requirements to participate in the voters' pamphlet.

Tobias Read

The Oregon Secretary of State who was named as the defendant in Martin's lawsuit.

Michael H. Simon

The U.S. Circuit Court Judge who ruled in favor of Martin, ordering the Secretary of State to allow her to submit her argument against the gas tax measure.

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What they’re saying

“Under normal circumstances, we don't even have a problem under the ADA, if there is enough time to take advantage of the second option the state is offering: gather 500 signatures.”

— Michael H. Simon, U.S. Circuit Court Judge

What’s next

A decision is expected on Wednesday in a related case in the Marion County Circuit Court, which could impact the federal judge's ruling.

The takeaway

This case highlights the importance of ensuring equal access to voter information materials for individuals with disabilities, and the challenges they can face in participating in the political process. The judge's ruling could set a precedent for how states accommodate voters with disabilities when it comes to ballot measures and voter guides.