Oregon Statutes - Chapter 258 - Election Contests; Recounts

• 258.005   [1965 c.586 §2; repealed by 1979 c.190 §431]
• 258.006   Definitions.
  As used in this chapter: (1) “Candidate” means a candidate for nomination or election to any elective office. (2) “Contestant” means any person who files...
• 258.010   [1953 c.397 §1; repealed by 1965 c.586 §34]
• 258.015   [1965 c.586 §3; repealed by 1979 c.190 §431]
• 258.016   Grounds for contest; persons authorized to contest.
  The nomination or election of any person or the decision on any measure may be contested by any elector entitled to vote for the person...
• 258.020   [1953 c.397 §2; repealed by 1965 c.586 §34]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.
  (1) The nomination or election of a person shall not be set aside for any cause listed in ORS 258.016 (3) to (5) unless: (a)...
• 258.030   [1953 c.397 §30; repealed by 1965 c.586 §34]
• 258.035   [1965 c.586 §5; repealed by 1979 c.190 §431]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.
  (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...
• 258.040   [1953 c.397 §37; repealed by 1965 c.586 §34]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.
  (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....
• 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...
• 258.065   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...
• 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...
• 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...
• 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]
• 258.150   Authority of Secretary of State over recounts.
  The Secretary of State shall be responsible for insuring that the procedures to be used in conducting election recounts assure an accurate recount in the...
• 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.
  (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...
• 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.
  (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...
• 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.
  (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...
• 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...
• 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.
  (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...
• 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.
  (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...
• 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.
  (1) The recount shall be completed as soon as practicable after the demand is filed. (2) In the case of a full recount, the official...
• 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.
  (1) The certification of costs of a recount required in ORS 258.221 (3) may include: (a) Compensation of recount boards. (b) Compensation of additional employees...
• 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.
  (1) In the case of a full recount, the abstract of votes resulting from the recount shall be the official return of the election. (2)...
• 258.245   [1965 c.586 §18; 1979 c.190 §254; renumbered 254.315]
• 258.250   Payment of cost of recount.
  (1) If the abstract of votes resulting from a full recount shows that the outcome of the election on the measure was changed or that...
• 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...
• 258.265   [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...
• 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.
  (1) The Secretary of State shall order a full recount of the votes cast for nomination or election to a public office for which the...
• 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.
  (1) If the official canvass of votes of an election reveals that the difference in the number of votes cast for or against any measure...
• 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...
• 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]

Last modified: August 7, 2008