(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) 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 given to another person for the same nomination or office.
(2) The nomination or election of a person shall not be set aside for the cause described in ORS 258.016 (6) unless it can be determined that the nomination or election would have been given to one of the candidates other than the candidate nominated or elected if all votes not cast or tallied due to the error had been cast or tallied for the other candidate.
(3) The approval or rejection of a measure shall not be set aside unless it appears that:
(a) The number of votes taken from the approval or rejection by reason of the contest would reverse the outcome of the election; or
(b) The outcome of the election would have been reversed if all votes not cast or tallied due to an error under ORS 258.016 (6) had been cast or tallied for approval or rejection of the measure. [Formerly 251.035; 1983 c.170 §2]
Section: Previous 258.005 258.006 258.010 258.015 258.016 258.020 258.025 258.026 258.030 258.035 258.036 258.040 258.045 258.046 258.055 NextLast modified: August 7, 2008