Chapter 258 — Chapter 258
131 sections in this chapter.
ORS 258.005 [1965 c.586 §2; repealed by 1979 c.190 §431]
0.0K chars
GENERAL PROVISIONS
ORS 258.006 Definitions. As used in this chapter
2.1K chars
(1) “Candidate” means a candidate for nomination or election to any elective office. (2) “Contestant” means any person who files a petition of contest under ORS 258.036. (3) “Contestee” means: (a) In a contest of the nomination of a person for an office or the election of a perso…
ORS 258.010 [1953 c.397 §1; repealed by 1965 c.586 §34]
0.0K chars
[Repealed or reserved.]
ORS 258.015 [1965 c.586 §3; repealed by 1979 c.190 §431]
0.0K chars
ELECTION CONTESTS
ORS 258.016 Grounds for contest; persons authorized to contest. The nomination or election of a person, the result of a recall election or the approval or rejection of a measure may be contested by any elector entitled to vote for the person, recall or measure, by any person who was a candidate at the election for the same nomination or office, by the public officer subject to the recall, by the Secretary of State if the contest involves a state measure, the recall of a state officer or a candidate for whom the Secretary of State is the filing officer, or by the county clerk who conducted the election, only for the following causes
0.8K chars
(1) Deliberate and material violation of any provision of the election laws in connection with the nomination, election, recall election or approval or rejection of a measure. (2) Ineligibility of the person elected to the office to hold the office at the time of the election. (3…
ORS 258.020 [1953 c.397 §2; repealed by 1965 c.586 §34]
0.0K chars
[Repealed or reserved.]
ORS 258.025 [1965 c.586 §4; 1979 c.190 §24; renumbered 246.520]
0.0K chars
[Repealed or reserved.]
ORS 258.026 When election results may be set aside. (1) The nomination or election of a person may not be set aside for any cause listed in ORS 258.016 (3) to (5) unless
1.5K chars
(a) The person nominated or elected had knowledge of or connived in the cause of the contest; or (b) The number of votes taken from the person nominated or elected by reason of the cause of the contest would reduce the legal votes of the person below the number of legal votes giv…
ORS 258.030 [1953 c.397 §30; repealed by 1965 c.586 §34]
0.0K chars
[Repealed or reserved.]
ORS 258.035 [1965 c.586 §5; repealed by 1979 c.190 §431]
0.0K chars
[Repealed or reserved.]
ORS 258.036 Petition of contest; location of filing; contents of petition. (1) Not later than the 40th day after the election or the seventh day after completion of a recount of votes cast in connection with the election, any person authorized to contest a result of the election may file a petition of contest. The petition shall be filed with
1.6K chars
(a) The Circuit Court for Marion County if the petition involves a state measure, a candidate for election to the office of elector of President and Vice President of the United States or a candidate for nomination or election to the office of United States Senator, United States…
ORS 258.040 [1953 c.397 §37; repealed by 1965 c.586 §34]
0.0K chars
[Repealed or reserved.]
ORS 258.045 [1965 c.586 §6; 1979 c.190 §25; renumbered 246.530]
0.0K chars
[Repealed or reserved.]
ORS 258.046 Payment of costs, disbursements and attorney fees. (1) The prevailing party in the contest proceeding shall recover costs, disbursements and reasonable attorney fees at trial and on appeal against the losing party. However, if the cause of the contest is a mistake in the canvass of votes and the contestant prevails, the cost of any recanvass of votes shall be paid by
0.6K chars
(a) The county for a contest of a state or county nomination, office, recall election or measure; (b) The city for a contest of a city nomination, office, recall election or measure; or (c) Any other political subdivision or public corporation for a contest of such a subdivision …
ORS 258.055 Publication of notice of contest; service and filing of copies of petition of contest; court hearing. (1) Except as provided in subsection (2) of this section, when a contestant files a petition of contest with the circuit court described under ORS 258.036, the contestant shall, within three business days of filing the petition, publish a notice stating that the petition has been filed and identifying the date of the deadline described in this subsection for filing a motion to intervene. The notice must be published at least once in the next available issue of a newspaper of general circulation published in the county where the proceeding is pending. Jurisdiction over the election contest shall be complete within 10 days after the notice is published as provided in this subsection. Any person interested may at any time before the expiration of the 10 days appear and contest the validity of the proceeding, or of any of the acts or things enumerated in the proceeding
2.8K chars
(2) Subsection (1) of this section does not apply if the contest involves: (a) A state measure. (b) The election of a candidate to the office of elector of President and Vice President of the United States. (c) The nomination or election of a candidate to the office of United Sta…
ORS 258.063 Effect of successful contest of recall election. (1) After the contest hearing, the circuit court shall render a judgment affirming or setting aside the results of the recall election. If the court sets aside the results of the election, a special election on the recall shall be held not later than 35 days after the date the judgment was rendered
0.2K chars
(2) The county of the county clerk or the local elections official who committed the error in the distribution of the official ballots shall bear the cost of the special election. [2009 c.511 §19]
ORS 258.065 Effect of successful contest of nomination or election. (1) After the contest hearing, the circuit court shall render a judgment affirming or setting aside the nomination or election of the person for or to the office
1.0K chars
(2) If the judgment sets aside the nomination of a person, it also shall declare that the nomination is vacant. (3) Except as provided in subsection (4) of this section, if the judgment sets aside the election of a person, the incumbent shall remain in office until a successor is…
ORS 258.075 Effect of successful contest of measure; special election dates; tax election participation contests. (1) Except as provided in subsection (4) of this section, after the contest hearing, the circuit court shall render a judgment affirming or setting aside the approval or rejection of the measure
1.8K chars
(2) If the judgment sets aside the approval or rejection of a measure, the circuit court shall direct the measure to be resubmitted at a special election held on one of the dates specified in this subsection, as set by the court. In setting the election date, the court shall prov…
ORS 258.085 Appeal to Court of Appeals. Any party to the contest proceeding may appeal from the judgment rendered by the circuit court to the Court of Appeals in the same manner as appeals in civil cases are taken. The appeal shall take precedence over all other business on the docket. [Formerly 251.090]
0.0K chars
[Repealed or reserved.]
ORS 258.105 [1965 c.586 §7; 1979 c.190 §246; renumbered 246.540]
0.0K chars
[Repealed or reserved.]
ORS 258.110 [1953 c.397 §31; 1957 c.608 §207; repealed by 1965 c.586 §34]
0.0K chars
[Repealed or reserved.]
ORS 258.115 [1965 c.586 §8; repealed by 1979 c.190 §431]
0.0K chars
[Repealed or reserved.]
ORS 258.120 [1953 c.397 §33; repealed by 1965 c.586 §34]
0.0K chars
[Repealed or reserved.]
ORS 258.125 [1965 c.586 §9; repealed by 1979 c.190 §431]
0.0K chars
[Repealed or reserved.]
ORS 258.130 [1953 c.397 §32; repealed by 1965 c.586 §34]
0.0K chars
[Repealed or reserved.]
ORS 258.135 [1965 c.586 §10; repealed by 1979 c.190 §431]
0.0K chars
[Repealed or reserved.]
ORS 258.145 [1965 c.586 §11; 1967 c.335 §25; repealed by 1979 c.190 §431]
0.0K chars
RECOUNTS
ORS 258.150 Authority of Secretary of State over recounts; county clerk to provide notice to Secretary of State. (1) The Secretary of State shall be responsible for ensuring that the procedures to be used in conducting election recounts assure an accurate recount in the shortest time at the least expense. Whenever demands are filed for a recount of a vote for both a measure and a nomination or office, or for more than one measure, nomination or office, the Secretary of State may determine the most appropriate procedure to be used in conducting the recounts simultaneously
1.6K chars
(2)(a) In all election recounts for the office of President and Vice President of the United States, United States Senate, United States House of Representatives, Governor, Secretary of State, State Treasurer, Attorney General, Commissioner of the Bureau of Labor and Industries, …
ORS 258.155 [1965 c.586 §12; 1979 c.190 §28; renumbered 246.550]
0.0K chars
[Repealed or reserved.]
ORS 258.160 [1953 c.397 §34; 1957 c.608 §208; repealed by 1965 c.586 §34]
0.0K chars
[Repealed or reserved.]
ORS 258.161 Filing demand for recount with Secretary of State; partial or full recount; deposit; waiver of deposit; deadline for filing demand; recount related to presidential election. (1) A candidate or an officer of a political party on behalf of a candidate of the political party may file a demand requiring the Secretary of State to direct that a recount be made in specified precincts in which votes were cast for the nomination or office for which the candidate received a vote
3.1K chars
(2) An elector may file a demand requiring the Secretary of State to direct that a recount be made in specified precincts in which votes were cast on any measure which appeared on the ballot. (3) A county clerk may file a demand requiring the Secretary of State to direct that a r…
ORS 258.165 [1965 c.586 §13; 1969 c.537 §1; 1979 c.190 §29; renumbered 246.560]
0.0K chars
[Repealed or reserved.]
ORS 258.170 [1953 c.397 §35; 1957 c.608 §209; repealed by 1965 c.586 §34]
0.0K chars
[Repealed or reserved.]
ORS 258.171 Full recount required to change results; exception for recount demand made by county clerk. (1) Except as provided in subsection (2) of this section, the person making a demand for a recount shall be bound by the original official returns unless the person demands a full recount
0.3K chars
(2) If a demand for a partial recount is made by a county clerk under ORS 258.161 (3), votes recounted in the precincts specified by the county clerk may be combined with votes in other precincts that were not recounted to determine the official returns of the election. [1979 c.1…
ORS 258.180 [1953 c.397 §38; 1957 c.608 §210; repealed by 1965 c.586 §34]
0.0K chars
[Repealed or reserved.]
ORS 258.181 One recount only; two or more recount demands. (1) Except as provided in subsection (4) of this section, only one recount shall be made for any measure, nomination or office for which a recount may be demanded
0.7K chars
(2) If two or more demands for the recount of the same measure are filed with the Secretary of State the demand first received by the Secretary of State shall be considered the demand for a recount. (3) If two or more demands for the recount of the same nomination or office are f…
ORS 258.190 Secretary of State ordering recount after demand; notice. (1) After a recount demand is filed, the Secretary of State shall direct the official who conducted the election or the clerk of any county containing precincts in which ballots were cast on the measure or for the nomination or office specified in the demand for a recount to conduct a recount in the precincts specified in the demand
0.7K chars
(2) If the demand for a recount of votes cast for a nomination or office is filed, the Secretary of State, not later than the third day after the filing of the first demand, shall notify the affected candidates that a recount is to be made in the precincts specified in the demand…
ORS 258.192 [1959 c.582 §2; repealed by 1965 c.586 §34]
0.0K chars
[Repealed or reserved.]
ORS 258.194 [1959 c.582 §3; repealed by 1965 c.586 §34]
0.0K chars
[Repealed or reserved.]
ORS 258.196 [1959 c.582 §§4,5,6; repealed by 1965 c.586 §34]
0.0K chars
[Repealed or reserved.]
ORS 258.198 [1959 c.582 §7; repealed by 1965 c.586 §34]
0.0K chars
[Repealed or reserved.]
ORS 258.200 Counting boards; appointment; compensation. (1) After receiving notice from the Secretary of State that a recount is to be made, the official directed to conduct the recount shall appoint counting boards from the list of electors qualified to vote in the county in which the recount is demanded. The official shall appoint as many counting boards as may be necessary to complete the recount within the shortest practicable time after the demand is filed. No member of the counting boards shall have been a candidate for any office voted upon at the election. The members of a counting board shall not all be members of the same political party
0.2K chars
(2) Each member of the counting board shall be compensated at a rate not less than the federal or state minimum wage, whichever is higher. [Formerly 251.560; 1981 c.173 §38; 1993 c.493 §49; 1999 c.410 §66]
ORS 258.205 [1965 c.586 §14; repealed by 1979 c.190 §431]
0.0K chars
[Repealed or reserved.]
ORS 258.210 [1953 c.397 §3; 1957 c.608 §211; repealed by 1965 c.586 §34]
0.0K chars
[Repealed or reserved.]
ORS 258.211 Opening ballot boxes; conduct of recount by hand; persons permitted to be present. (1) The ballot boxes containing the ballots to be recounted shall be opened by the official directed to make the recount only in the presence of the counting board and the persons referred to in this section
0.8K chars
(2) The counting board shall conduct the recount by hand and, if requested, permit: (a) In the instance of a nomination or office, an affected candidate or an elector authorized in writing by an affected candidate, and an elector authorized in writing by each major or minor polit…
ORS 258.215 [1965 c.586 §15; 1973 c.662 §2; 1975 c.212 §1; 1977 c.829 §18; 1979 c.317 §14; repealed by 1979 c.190 §431]
0.0K chars
[Repealed or reserved.]
ORS 258.220 [1953 c.397 §8; 1957 c.608 §212; repealed by 1965 c.586 §34]
0.0K chars
[Repealed or reserved.]
ORS 258.221 Completion of recount; certification of votes and cost; notification of person demanding recount. (1) The recount shall be completed as soon as practicable after the demand is filed
0.8K chars
(2) In the case of a full recount, the official directed to conduct the recount, as soon as practicable after completion of the recount, shall: (a) Certify the abstract of votes recounted to the Secretary of State. (b) Certify the abstract of votes recounted to the official issui…
ORS 258.225 [1965 c.586 §16; 1979 c.317 §15; repealed by 1979 c.190 §431]
0.0K chars
[Repealed or reserved.]
ORS 258.230 [1953 c.397 §9; 1957 c.608 §213; repealed by 1965 c.586 §34]
0.0K chars
[Repealed or reserved.]