(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:
(a) The county for a contest of a state or county nomination, office or measure;
(b) The city for a contest of a city nomination, office or measure; or
(c) Any other political subdivision or public corporation for a contest of such a subdivision or corporation nomination, office or measure.
(2) In a contest under ORS 258.016 (7), costs, disbursements and attorney fees shall not be assessed against the county clerk unless the court makes a specific finding of fault against the county clerk. [Formerly 251.060; 1981 c.897 §44; 1991 c.331 §50; 1995 c.607 §53a; 1997 c.541 §313c]
Section: Previous 258.025 258.026 258.030 258.035 258.036 258.040 258.045 258.046 258.055 258.065 258.075 258.085 258.105 258.110 258.115 NextLast modified: August 7, 2008