72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 496
 
                         Senate Bill 140
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Secretary of State Bill
  Bradbury)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Allows court discretion in determining whether to award costs,
disbursements and attorney fees to prevailing party in election
contest proceeding.
 
                        A BILL FOR AN ACT
Relating to election contests; creating new provisions; and
  amending ORS 258.046.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 258.046 is amended to read:
  258.046. (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, - }   { + Except as provided in subsections (2) and (3)
of this section, a court may award costs, disbursements and
reasonable attorney fees as specified in ORS 20.075 to the
prevailing party in the contest proceeding at trial and on appeal
against the losing party.
  (2) + } 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) - }   { + (3) + } 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.
  SECTION 2.  { + The amendments to ORS 258.046 by section 1 of
this 2003 Act apply to election contests for which a petition is
filed under ORS 258.036 on or after the effective date of this
2003 Act. + }
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