Chapter 258 Election Contests; Recounts

258.005 [1965 c.586 §2; repealed by 1979 c.190 §431]

GENERAL PROVISIONS

258.006 Definitions

As used in this chapter: “Candidate” means a candidate for nomination or election to any elective office. “Contestant” means any person who files a petition of contest under ORS 258.036. “Contestee” means: In a contest of the nomination of a person for an office or the election of a person to an office, all candidates for the nomination or office, other …

258.010 [1953 c.397 §1; repealed by 1965 c.586 §34]

258.015 [1965 c.586 §3; repealed by 1979 c.190 §431]

ELECTION CONTESTS

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…

258.020 [1953 c.397 §2; repealed by 1965 c.586 §34]

258.025 [1965 c.586 §4; 1979 c.190 §24; renumbered 246.520]

258.026 When election results may be set aside

The nomination or election of a person may not be set aside for any cause listed in ORS 258.016 (3) to (5) unless: The person nominated or elected had knowledge of or connived in the cause of the contest; or 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 …

258.030 [1953 c.397 §30; repealed by 1965 c.586 §34]

258.035 [1965 c.586 §5; repealed by 1979 c.190 §431]

258.036 Petition of contest; location of filing; contents of petition

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: The Circuit Court for Marion County if the petition involves a state measure, a candidate fo…

258.040 [1953 c.397 §37; repealed by 1965 c.586 §34]

258.045 [1965 c.586 §6; 1979 c.190 §25; renumbered 246.530]

258.046 Payment of costs, disbursements and attorney fees

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: The county for a contest of a state or coun…

258.055 Publication of notice of contest; service and filing of copies of petition of contest; court hearing

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 fil…

258.063 Effect of successful contest of recall election

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. The county of the county clerk or the local elections official…

258.065 Effect of successful contest of nomination or election

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. If the judgment sets aside the nomination of a person, it also shall declare that the nomination is vacant. Except as provided in subsection (4) of this section, if the judgment sets aside the electi…

258.075 Effect of successful contest of measure; special election dates; tax election participation contests

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. 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 th…

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.

258.105 [1965 c.586 §7; 1979 c.190 §246; renumbered 246.540]

258.110 [1953 c.397 §31; 1957 c.608 §207; repealed by 1965 c.586 §34]

258.115 [1965 c.586 §8; repealed by 1979 c.190 §431]

258.120 [1953 c.397 §33; repealed by 1965 c.586 §34]

258.125 [1965 c.586 §9; repealed by 1979 c.190 §431]

258.130 [1953 c.397 §32; repealed by 1965 c.586 §34]

258.135 [1965 c.586 §10; repealed by 1979 c.190 §431]

258.145 [1965 c.586 §11; 1967 c.335 §25; repealed by 1979 c.190 §431]

RECOUNTS

258.150 Authority of Secretary of State over recounts; county clerk to provide notice to Secretary of State

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 Sta…

258.155 [1965 c.586 §12; 1979 c.190 §28; renumbered 246.550]

258.160 [1953 c.397 §34; 1957 c.608 §208; repealed by 1965 c.586 §34]

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

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. An elector may file a demand requiring the Secretary of State …

258.165 [1965 c.586 §13; 1969 c.537 §1; 1979 c.190 §29; renumbered 246.560]

258.170 [1953 c.397 §35; 1957 c.608 §209; repealed by 1965 c.586 §34]

258.171 Full recount required to change results; exception for recount demand made by county clerk

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. 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 i…

258.180 [1953 c.397 §38; 1957 c.608 §210; repealed by 1965 c.586 §34]

258.181 One recount only; two or more recount demands

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. 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. If …

258.190 Secretary of State ordering recount after demand; notice

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. If the demand for a recount…

258.192 [1959 c.582 §2; repealed by 1965 c.586 §34]

258.194 [1959 c.582 §3; repealed by 1965 c.586 §34]

258.196 [1959 c.582 §§4,5,6; repealed by 1965 c.586 §34]

258.198 [1959 c.582 §7; repealed by 1965 c.586 §34]

258.200 Counting boards; appointment; compensation

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 shorte…

258.205 [1965 c.586 §14; repealed by 1979 c.190 §431]

258.210 [1953 c.397 §3; 1957 c.608 §211; repealed by 1965 c.586 §34]

258.211 Opening ballot boxes; conduct of recount by hand; persons permitted to be present

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. The counting board shall conduct the recount by hand and, if requested, permit: In the instance of a nomination or office, an affected candidate or an el…

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]

258.220 [1953 c.397 §8; 1957 c.608 §212; repealed by 1965 c.586 §34]

258.221 Completion of recount; certification of votes and cost; notification of person demanding recount

The recount shall be completed as soon as practicable after the demand is filed. In the case of a full recount, the official directed to conduct the recount, as soon as practicable after completion of the recount, shall: Certify the abstract of votes recounted to the Secretary of State. Certify the abstract of votes recounted to the official issuing certi…

258.225 [1965 c.586 §16; 1979 c.317 §15; repealed by 1979 c.190 §431]

258.230 [1953 c.397 §9; 1957 c.608 §213; repealed by 1965 c.586 §34]

258.231 Costs to be included and excluded from recount costs

The certification of costs of a recount required in ORS 258.221 (3) may include: Compensation of recount boards. Compensation of additional employees required to conduct the recount and overtime payment to regular employees who are eligible to receive such payments. Postage and telephone charges directly related to the recount. The costs for security. T…

258.235 [1965 c.586 §17; 1979 c.317 §16; repealed by 1979 c.190 §431]

258.240 [1953 c.397 §10; repealed by 1965 c.586 §34]

258.241 Official return of election after recount

In the case of a full recount, the abstract of votes resulting from the recount shall be the official return of the election. Except as provided in ORS 258.171 (2), in the case of a partial recount, the abstract of votes recounted shall not be certified and the abstract of votes resulting from the original count shall be the official return of the election.

258.245 [1965 c.586 §18; 1979 c.190 §254; renumbered 254.315]

258.250 Payment of cost of recount

If the abstract of votes resulting from a full recount shows that the outcome of the election on the measure was changed or that a candidate for whose benefit the recount was demanded received a plurality of the votes, the deposit required by ORS 258.161 shall be refunded by the Secretary of State to the person who filed the demand. The Secretary of State s…

258.255 [1965 c.586 §19; 1979 c.317 §17; repealed by 1979 c.190 §431]

258.260 Costs to be collected for multicounty or statewide election recounts

If the demand for recount is made for a multicounty or statewide election, the Secretary of State also may collect those costs allowed in ORS 258.231 (1) which the secretary incurs as a result of the recount.

258.265 [1965 c.586 §20; repealed by 1979 c.190 §431]

258.270 Payment of costs where more than one recount conducted simultaneously

If two or more recounts are conducted simultaneously, payment of the costs of the recount in counties where the same precinct or precincts are designated for recount by more than one person shall be equitably apportioned among those persons. With the advice of the official directed to conduct the recount, the Secretary of State shall determine the apportionm…

258.275 [1965 c.586 §21; 1977 c.508 §13; repealed by 1979 c.190 §431]

258.280 Automatic full recount required in certain elections of candidates for office; costs of recount to be paid by governmental unit

The Secretary of State shall order a full recount of the votes cast for nomination or election to a public office for which the Secretary of State is the filing officer, and the county clerk who conducted the election shall order a full recount of the votes cast for nomination or election to any other public office if the canvass of votes of the election rev…

258.285 [1965 c.586 §22; 1979 c.317 §18; repealed by 1979 c.190 §431]

258.290 Automatic full recount required in certain elections on measures; costs of recount to be paid by governmental unit; exception

If the official canvass of votes of an election reveals that the difference in the number of votes cast for or against any measure is not more than one-fifth of one percent of the total votes cast for and against the measure, the Secretary of State, in the case of a measure for which the Secretary of State is the filing officer, and the county clerk who cond…

258.295 [1965 c.586 §26; 1979 c.190 §256; renumbered 254.335]

258.300 Elections officials to notify Secretary of State when automatic full recount required

Immediately following the completion of the official canvass of votes for any election, the elections officer who prepared the canvass shall notify the Secretary of State of any election subject to an automatic full recount under ORS 258.280 and 258.290.