Oregon Law
Law as of Jan 1, 2026
Chapter contents
258.005[1965 c.586 §2; repealed by 1979 c.190 §431] 258.006Definitions 258.010[1953 c.397 §1; repealed by 1965 c.586 §34] 258.015[1965 c.586 §3; repealed by 1979 c.190 §431] 258.016Grounds for contest; persons authorized to contest 258.020[1953 c.397 §2; repealed by 1965 c.586 §34] 258.025[1965 c.586 §4; 1979 c.190 §24; renumbered 246.520] 258.026When election results may be set aside 258.030[1953 c.397 §30; repealed by 1965 c.586 §34] 258.035[1965 c.586 §5; repealed by 1979 c.190 §431] 258.036Petition of contest; location of filing; contents of petition 258.040[1953 c.397 §37; repealed by 1965 c.586 §34] 258.045[1965 c.586 §6; 1979 c.190 §25; renumbered 246.530] 258.046Payment of costs, disbursements and attorney fees 258.055Publication of notice of contest; service and filing of copies of petition of contest; court hearing 258.063Effect of successful contest of recall election 258.065Effect of successful contest of nomination or election 258.075Effect of successful contest of measure; special election dates; tax election participation contests 258.085Appeal to Court of Appeals 258.105[1965 c.586 §7; 1979 c.190 §246; renumbered 246.540] 258.110[1953 c.397 §31; 1957 c.608 §207; repealed by 1965 c.586 §34] 258.115[1965 c.586 §8; repealed by 1979 c.190 §431] 258.120[1953 c.397 §33; repealed by 1965 c.586 §34] 258.125[1965 c.586 §9; repealed by 1979 c.190 §431] 258.130[1953 c.397 §32; repealed by 1965 c.586 §34] 258.135[1965 c.586 §10; repealed by 1979 c.190 §431] 258.145[1965 c.586 §11; 1967 c.335 §25; repealed by 1979 c.190 §431] 258.150Authority of Secretary of State over recounts; county clerk to provide notice to Secretary of State 258.155[1965 c.586 §12; 1979 c.190 §28; renumbered 246.550] 258.160[1953 c.397 §34; 1957 c.608 §208; repealed by 1965 c.586 §34] 258.161Filing demand for recount with Secretary of State; partial or full recount; deposit; waiver of deposit; deadline for filing demand; recount related to presidential election 258.165[1965 c.586 §13; 1969 c.537 §1; 1979 c.190 §29; renumbered 246.560] 258.170[1953 c.397 §35; 1957 c.608 §209; repealed by 1965 c.586 §34] 258.171Full recount required to change results; exception for recount demand made by county clerk 258.180[1953 c.397 §38; 1957 c.608 §210; repealed by 1965 c.586 §34] 258.181One recount only; two or more recount demands 258.190Secretary of State ordering recount after demand; notice 258.192[1959 c.582 §2; repealed by 1965 c.586 §34] 258.194[1959 c.582 §3; repealed by 1965 c.586 §34] 258.196[1959 c.582 §§4,5,6; repealed by 1965 c.586 §34] 258.198[1959 c.582 §7; repealed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] 258.200Counting boards; appointment; compensation 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] 258.211Opening ballot boxes; conduct of recount by hand; persons permitted to be present 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] 258.221Completion of recount; certification of votes and cost; notification of person demanding recount 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] 258.231Costs to be included and excluded from recount costs 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] 258.241Official return of election after recount 258.245[1965 c.586 §18; 1979 c.190 §254; renumbered 254.315] 258.250Payment of cost of recount 258.255[1965 c.586 §19; 1979 c.317 §17; repealed by 1979 c.190 §431] 258.260Costs to be collected for multicounty or statewide election recounts 258.265[1965 c.586 §20; repealed by 1979 c.190 §431] 258.270Payment of costs where more than one recount conducted simultaneously 258.275[1965 c.586 §21; 1977 c.508 §13; repealed by 1979 c.190 §431] 258.280Automatic full recount required in certain elections of candidates for office; costs of recount to be paid by governmental unit 258.285[1965 c.586 §22; 1979 c.317 §18; repealed by 1979 c.190 §431] 258.290Automatic full recount required in certain elections on measures; costs of recount to be paid by governmental unit; exception 258.295[1965 c.586 §26; 1979 c.190 §256; renumbered 254.335] 258.300Elections officials to notify Secretary of State when automatic full recount required 258.305[1965 c.586 §27; 1979 c.190 §257; renumbered 254.345] 258.310[1953 c.397 §4; 1957 c.608 §214; repealed by 1965 c.586 §34] 258.315[1965 c.586 §28; 1979 c.317 §19; 1979 c.317 §19a; 1979 c.519 §29; repealed by 1979 c.19 §431] 258.320[1953 c.397 §5; 1957 c.608 §215; repealed by 1965 c.586 §34] 258.325[1965 c.586 §29; repealed by 1979 c.190 §431] 258.330[1953 c.397 §6; repealed by 1965 c.586 §34] 258.335[1965 c.586 §§30,31; repealed by 1979 c.190 §431] 258.345[1965 c.586 §32; repealed by 1979 c.190 §431] 258.355[1965 c.586 §23; repealed by 1979 c.190 §431] 258.365[1965 c.586 §24; repealed by 1979 c.190 §431] 258.375[1965 c.586 §25; repealed by 1979 c.190 §431] 258.380[1977 c.231 §2; 1979 c.190 §241; renumbered 254.175] 258.405[1965 c.139 §§2,4; 1967 c.384 §1; 1979 c.190 §30; renumbered 246.570] 258.410[1953 c.397 §7; repealed by 1965 c.586 §34] 258.415[1965 c.139 §3; 1967 c.384 §2; 1979 c.190 §31; renumbered 246.580] 258.420[1953 c.397 §11; repealed by 1965 c.586 §34] 258.425[1965 c.139 §5; 1967 c.335 §26; 1971 c.749 §85; 1979 c.190 §32; renumbered 246.590] 258.430[1953 c.397 §12; repealed by 1965 c.586 §34] 258.435[1965 c.139 §6; 1979 c.190 §33; renumbered 246.600] 258.440[1953 c.397 §13; repealed by 1965 c.586 §34] 258.445[1965 c.139 §7; 1979 c.190 §34; renumbered 246.610] 258.450[1953 c.397 §14; 1957 c.608 §216; repealed by 1965 c.586 §34] 258.460[1953 c.397 §15; 1957 c.608 §217; repealed by 1965 c.586 §34] 258.510[1953 c.397 §17; 1957 c.608 §218; repealed by 1965 c.586 §34] 258.520[1953 c.397 §18; repealed by 1965 c.586 §34] 258.530[1953 c.397 §19; repealed by 1965 c.586 §34] 258.540[1953 c.397 §20; repealed by 1965 c.586 §34] 258.550[1953 c.397 §16; 1957 c.608 §219; repealed by 1965 c.586 §34] 258.560[1953 c.397 §21; 1957 c.608 §220; repealed by 1965 c.586 §34] 258.570[1953 c.397 §36; repealed by 1965 c.586 §34] 258.610[1953 c.397 §22; repealed by 1965 c.586 §34] 258.620[1953 c.397 §23; 1957 c.608 §221; repealed by 1965 c.586 §34] 258.630[1953 c.397 §25; repealed by 1965 c.586 §34] 258.640[1953 c.397 §24; repealed by 1965 c.586 §34] 258.650[1953 c.397 §26; 1957 c.608 §222; repealed by 1965 c.586 §34] 258.660[1953 c.397 §27; 1957 c.608 §223; repealed by 1965 c.586 §34] 258.670[1953 c.397 §28; 1957 c.608 §224; repealed by 1965 c.586 §34] 258.680[1953 c.397 §29; repealed by 1965 c.586 §34] 258.710[1963 c.530 §1; repealed by 1965 c.586 §34] 258.720[1963 c.530 §2; repealed by 1965 c.586 §34] 258.730[1963 c.530 §3; repealed by 1965 c.586 §34] 258.740[1963 c.530 §§4,8,26; repealed by 1965 c.586 §34] 258.750[1963 c.530 §28; repealed by 1965 c.586 §34] 258.760[1963 c.530 §32; repealed by 1965 c.586 §34] 258.770[1963 c.530 §5; repealed by 1965 c.586 §34] 258.780[1963 c.530 §6; repealed by 1965 c.586 §34] 258.790[1963 c.530 §§7,15; repealed by 1965 c.586 §34] 258.800[1963 c.530 §9; repealed by 1965 c.586 §34] 258.820[1963 c.530 §10; repealed by 1965 c.586 §34] 258.830[1963 c.530 §11; repealed by 1965 c.586 §34] 258.840[1963 c.530 §§12,18; repealed by 1965 c.586 §34] 258.850[1963 c.530 §19; repealed by 1965 c.586 §34] 258.860[1963 c.530 §17; repealed by 1965 c.586 §34] 258.870[1963 c.530 §13; repealed by 1965 c.586 §34] 258.880[1963 c.530 §14; repealed by 1965 c.586 §34] 258.890[1963 c.530 §16; repealed by 1965 c.586 §34] 258.910[1963 c.530 §§20,22; repealed by 1965 c.586 §34] 258.920[1963 c.530 §21; repealed by 1965 c.586 §34] 258.930[1963 c.530 §23; repealed by 1965 c.586 §34] 258.940[1963 c.530 §24; repealed by 1965 c.586 §34] 258.950[1963 c.530 §25; repealed by 1965 c.586 §34] 258.960[1963 c.530 §27; repealed by 1965 c.586 §34] 258.970[1963 c.530 §§29,30,31; repealed by 1965 c.586 §34] 258.990[1953 c.397 §39; repealed by 1965 c.586 §34] 258.995[1965 c.586 §33; repealed by 1979 c.190 §431]

Chapter 258 — Election Contests; Recounts

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.

(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 elected.

(4)

If the judgment sets aside the election of a person to an office sought by an incumbent who was defeated, the office shall be declared vacant.

(5)

If the judgment under ORS 258.026 (2) sets aside the nomination or election of a person to a city office or as a member of the board of a district defined in ORS 255.012, the names of the candidates for the office shall be resubmitted to the electors at a special election held on the next available election date. 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 election.

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Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.