Chapter 258 — Election
Contests; Recounts
2011 EDITION
ELECTION CONTESTS; RECOUNTS
ELECTIONS
GENERAL PROVISIONS
258.006 Definitions
ELECTION CONTESTS
258.016 Grounds
for contest; persons authorized to contest
258.026 When
election results may be set aside
258.036 Petition
of contest; location of filing; contents of petition
258.046 Payment
of costs, disbursements and attorney fees
258.055 Publication
of notice of contest; service and filing of copies of petition of contest;
court hearing
258.063 Effect
of successful contest of recall election
258.065 Effect
of successful contest of nomination or election
258.075 Effect
of successful contest of measure; special election dates; tax election
participation contests
258.085 Appeal
to Court of Appeals
RECOUNTS
258.150 Authority
of Secretary of State over recounts
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
258.171 Full
recount required to change results; exception for recount demand made by county
clerk
258.181 One
recount only; two or more recount demands
258.190 Secretary
of State ordering recount after demand; notice
258.200 Counting
boards; appointment; compensation
258.211 Opening
ballot boxes; conduct of recount by hand; persons permitted to be present
258.221 Completion
of recount; certification of votes and cost; notification of person demanding
recount
258.231 Costs
to be included and excluded from recount costs
258.241 Official
return of election after recount
258.250 Payment
of cost of recount
258.260 Costs
to be collected for multicounty or statewide election recounts
258.270 Payment
of costs where more than one recount conducted simultaneously
258.280 Automatic
full recount required in certain elections of candidates for office; costs of
recount to be paid by governmental unit
258.290 Automatic
full recount required in certain elections on measures; costs of recount to be
paid by governmental unit; exception
258.300 Elections
officials to notify Secretary of State when automatic full recount required
258.005
[1965 c.586 §2; repealed by 1979 c.190 §431]
GENERAL
PROVISIONS
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 a petition of contest under ORS
258.036.
(3)
“Contestee” means:
(a)
In a contest of the nomination of a person for an office or the election of a
person to an office, all candidates for the nomination or office, other than a
candidate who is a contestant.
(b)
In a contest of the approval or rejection of a measure proposed by initiative
petition, the chief petitioner of the petition, unless the chief petitioner is
a contestant, and any other person involved in the cause of the contest.
(c)
In a contest of the result of a recall election, the public officer subject to
the recall.
(d)
If the cause of the contest is ORS 258.016 (6) or (7), the county clerk.
(4)
“County clerk” means the county clerk or the county official in charge of
elections.
(5)
“Elector” means an individual qualified to vote under section 2, Article II,
Oregon Constitution.
(6)
“Full recount” means a recount of all the precincts in which votes were cast
for the nomination or office for which a candidate received a vote or on any
measure that appeared on the ballot.
(7)
“Measure” includes any of the following submitted to the people for their
approval or rejection at an election:
(a)
A proposed law.
(b)
An Act or part of an Act of the Legislative Assembly.
(c)
A revision of or amendment to the Oregon Constitution.
(d)
Local, special or municipal legislation.
(e)
A proposition or question.
(8)
“Partial recount” means a recount conducted in a number of precincts equal to
the greater of:
(a)
Five percent of the precincts in which votes were cast for the nomination or
office for which a candidate received a vote or on any measure that appeared on
the ballot; or
(b)
Three specified precincts in which votes were cast for the nomination or office
for which a candidate received a vote or on any measure that appeared on the
ballot. [Formerly 251.015; 1983 c.392 §7; 1985 c.186 §1; 1995 c.607 §52; 2001
c.965 §28; 2009 c.511 §12]
258.010 [1953
c.397 §1; repealed by 1965 c.586 §34]
258.015 [1965
c.586 §3; repealed by 1979 c.190 §431]
ELECTION CONTESTS
258.016 Grounds for contest; persons
authorized to contest. The nomination or election of a
person, the result of a recall election or the approval or rejection of a
measure may be contested by any elector entitled to vote for the person, recall
or measure, by any person who was a candidate at the election for the same
nomination or office, by the public officer subject to the recall, by the
Secretary of State if the contest involves a state measure, the recall of a
state officer or a candidate for whom the Secretary of State is the filing
officer, or by the county clerk who conducted the election, only for the
following causes:
(1)
Deliberate and material violation of any provision of the election laws in
connection with the nomination, election, recall election or approval or
rejection of a measure.
(2)
Ineligibility of the person elected to the office to hold the office at the time
of the election.
(3)
Illegal votes.
(4)
Mistake or fraud in the canvass of votes.
(5)
Fraud in the count of votes.
(6)
Nondeliberate and material error in the distribution
of the official ballots by a local elections official, as that term is defined
in ORS 246.012, or a county clerk.
(7)
A challenge to the determination of the number of electors who were eligible to
participate in an election on a measure conducted under section 11 (8), Article
XI of the Oregon Constitution. [Formerly 251.025; 1983 c.170 §1; 1993 c.493 §48;
1997 c.541 §313a; 2001 c.965 §29; 2009 c.511 §13]
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 may 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 may not be set aside for the cause
described in ORS 258.016 (6) unless 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 may not be set aside unless:
(a)
The number of votes taken from the approval or rejection by reason of the cause
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 in
opposition to the contested outcome.
(4)
The result of a recall election may not be set aside unless:
(a)
The number of votes taken from the result of the recall election by reason of
the cause of the contest would reverse the result; or
(b)
The result of the recall 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
in opposition to the contested result. [Formerly 251.035; 1983 c.170 §2; 2009
c.511 §14]
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 the election, any person authorized to
contest a result of the election may file a petition of contest. The petition
shall be filed with:
(a)
The Circuit Court for Marion County if the petition involves a state measure, a
candidate for election to the office of elector of President and Vice President
of the United States or a candidate for nomination or election to the office of
United States Senator, United States Representative in Congress, Governor,
Secretary of State, State Treasurer, Attorney General, Commissioner of the
Bureau of Labor and Industries or a position of judge on the Oregon Supreme
Court, the Oregon Court of Appeals or the Oregon Tax Court.
(b)
The circuit court for the county where a majority of the electors in the
electoral district reside if the petition involves a candidate for nomination
or election to the office of state Senator, state Representative, circuit court
judge or district attorney.
(c)
The circuit court for the county in which the filing officer is located if the
petition involves a candidate for nomination or election to county, city or
district office or a county, city or district measure. If a district is located
in more than one county, the petition shall be filed with the circuit court for
the county in which the administrative office of the district is located.
(d)
The circuit court for the county in which the filing officer authorized to
order the recall election is located if the petition involves the recall of a
public officer.
(2)
The petition shall be verified in the manner required for verification of
complaints in civil cases and shall specify:
(a)
The cause of the contest; and
(b)
The names of all contestees. [Formerly 251.045; 1995
c.607 §53; 2001 c.965 §30; 2009 c.511 §15; 2011 c.731 §14]
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. 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, recall
election or measure;
(b)
The city for a contest of a city nomination, office, recall election or
measure; or
(c)
Any other political subdivision or public corporation for a contest of such a
subdivision or corporation nomination, office, recall election or measure.
(2)
In a contest under ORS 258.016 (7), costs, disbursements and attorney fees may
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; 2009 c.511 §16]
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 258.036,
the contestant shall, within three business days of filing the petition,
publish a notice stating that the petition has been filed and identifying the
date of the deadline described in this subsection for filing a motion to intervene.
The notice must be published at least once in the next available issue of a
newspaper of general circulation published in the county where the proceeding
is pending. Jurisdiction over the election contest shall be complete within 10
days after the notice is published as provided in this subsection. Any person
interested may at any time before the expiration of the 10 days appear and
contest the validity of the proceeding, or of any of the acts or things
enumerated in the proceeding.
(2)
Subsection (1) of this section does not apply if the contest involves:
(a)
A state measure.
(b)
The election of a candidate to the office of elector of President and Vice
President of the United States.
(c)
The nomination or election of a candidate to the office of United States
Senator, United States Representative in Congress, Governor, Secretary of
State, State Treasurer, Attorney General, Commissioner of the Bureau of Labor
and Industries or a position of judge on the Oregon Supreme Court, the Oregon
Court of Appeals or the Oregon Tax Court.
(d)
The recall of a person from the office of Governor, Secretary of State, State
Treasurer, Attorney General, Commissioner of the Bureau of Labor and Industries
or a position of judge on the Oregon Supreme Court, the Oregon Court of Appeals
or the Oregon Tax Court.
(3)
Not later than two business days after the contestant files a petition of
contest with the circuit court, the contestant shall serve a copy of the
petition by certified mail on each contestee. If the
Secretary of State or county clerk is not a contestee,
not later than one business day after the contestant files a petition of
contest with the circuit court, the contestant shall file a copy of the
petition with:
(a)
The Secretary of State if the petition involves a candidate for state office,
the recall of a person from state office or a state measure; or
(b)
The county clerk if the petition involves a candidate for county, city or
district office, the recall of a person from county, city or district office or
a county, city or district measure. As used in this paragraph, “county clerk”
includes the county clerk of the county in which the administrative office of a
city or district is located regarding a measure, a recall or a candidate for an
office to be voted on in a city or district located in more than one county.
(4)
The circuit court shall fix a time for the hearing by the circuit court of the
contest proceeding, and not later than the fifth day before the hearing shall
give written notice of the hearing to each party to the proceeding. In fixing
the time for the hearing, the court shall consider the dates set in any notice
published under subsection (1) of this section and the dates of service on the contestees. The contest proceeding shall take precedence
over all other business on the circuit court docket.
(5)
The circuit court shall hear and determine the proceeding without a jury and
shall issue written findings of law and fact. The practice and procedure
otherwise applicable to civil cases shall govern the proceeding, except that
the contestant has the burden of proof by clear and convincing evidence. [Formerly
251.070; 1995 c.607 §54; 2001 c.965 §31; 2009 c.511 §17; 2011 c.731 §15]
258.063 Effect of successful contest of
recall election. (1) After the contest hearing,
the circuit court shall render a judgment affirming or setting aside the
results of the recall election. If the court sets aside the results of the
election, a special election on the recall shall be held not later than 35 days
after the date the judgment was rendered.
(2)
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 special election. [2009 c.511 §19]
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. [1979 c.190 §320; 1983 c.170 §3]
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
the approval or rejection of the measure.
(2)
If the judgment sets aside the approval or rejection of a measure, the circuit
court shall direct the measure to be resubmitted at a special election held on
one of the dates specified in this subsection, as set by the court. In setting
the election date, the court shall provide sufficient time for adequate notice
to be given. The special election may be held on any of the following dates:
(a)
The second Tuesday in March;
(b)
The third Tuesday in May;
(c)
The third Tuesday in September; or
(d)
The first Tuesday after the first Monday in November.
(3)
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 special election.
(4)
In a contest under ORS 258.016 (7), the court shall determine whether the challenge
to the determination of the number of electors who were eligible on election
day to participate in the election on a measure conducted under section 11 (8),
Article XI of the Oregon Constitution, is valid. In making the determination,
the court shall rely on the provisions of ORS chapter 247 and shall receive
testimony from the county clerk regarding the clerk’s administration of ORS
chapter 247. If, after a contest hearing, the court determines that the
challenge to the determination of the number of electors who were eligible to
participate is valid and that the change in the number of electors eligible to
participate is sufficient to change the outcome of the election on the measure,
the court shall order the county clerk to make a new determination of the
number of eligible electors and to certify the results of the election based on
the new determination. [1979 c.190 §321; 1983 c.170 §4; 1985 c.808 §47; 1989
c.923 §18; 1991 c.71 §5; 1993 c.713 §54; 1995 c.712 §117; 1997 c.541 §313b]
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 as appeals in
civil cases are taken. The appeal shall take precedence over all other business
on the docket. [Formerly 251.090]
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]
RECOUNTS
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 shortest time at the least expense.
Whenever demands are filed for a recount of a vote for both a measure and a
nomination or office, or for more than one measure, nomination or office, the
Secretary of State may determine the most appropriate procedure to be used in
conducting the recounts simultaneously. [Formerly 251.625]
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 Secretary of State to
direct that a recount be made in specified precincts in which votes were cast
for the nomination or office for which the candidate received a vote.
(2)
An elector may file a demand requiring the Secretary of State to direct that a
recount be made in specified precincts in which votes were cast on any measure
which appeared on the ballot.
(3)
A county clerk may file a demand requiring the Secretary of State to direct
that a recount be made in specified precincts in which votes were cast for the
nomination or office for which a candidate received a vote or on any measure
that appeared on the ballot. The cash deposit requirement of subsection (5) of
this section shall not apply to a demand made under this subsection. The cost
of a recount conducted under this subsection shall be paid by the county of the
county clerk making the demand.
(4)
Except as provided in subsection (9) of this section, the person making a
demand for a recount may, in the first demand, specify a partial or a full
recount. A person making a demand for a partial recount shall specify the
precincts in which votes were cast for the nomination or office or on the
measure to be recounted. If in the first demand the person requested a partial
recount, the person may file a supplemental demand for a recount of all the
remainder of the precincts.
(5)
Except as provided in subsections (3) and (6) of this section, each demand
shall be accompanied by a cash deposit of $15 for each precinct to be recounted
up to a maximum of $8,000 for a recount of all precincts in the state on a
measure or for a nomination or office. The Secretary of State may retain the
deposit for not more than 60 days after the election for which the recount was
demanded, without depositing it in the General Fund.
(6)
Upon application from a county clerk, the Secretary of State may waive the cash
deposit requirement of subsection (5) of this section if, after the first
demand, it appears that due to nondeliberate and
material error by a local elections official, as defined in ORS 246.012, or a
county clerk, the outcome of an election on a candidate or measure will be
changed. The cost of a recount conducted under this subsection shall be paid by
the county of the county clerk or the county of the local elections official
who committed the error.
(7)
Each demand shall be in the form and shall contain the information prescribed
by the Secretary of State, including the names and addresses of all persons and
organizations providing any part of the cash deposit and the amount provided by
each.
(8)
Except as provided in subsection (9) of this section, the first demand shall be
filed in the office of the Secretary of State not later than the 35th day and a
supplemental demand not later than the 45th day after the date of the election
in which votes were cast for the nomination, office or measure.
(9)
A demand for a recount made under this section on behalf of the electors of
presidential and vice presidential candidates shall be for a full recount only
and shall be filed no later than five business days after the Secretary of
State declares the result of the election under ORS 254.555. [Formerly 251.520;
1981 c.142 §5; 1981 c.173 §37; 1995 c.607 §55; 1999 c.318 §40; 2001 c.965 §32]
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 returns unless the
person demands a full recount.
(2)
If a demand for a partial recount is made by a county clerk under ORS 258.161
(3), votes recounted in the precincts specified by the county clerk may be
combined with votes in other precincts that were not recounted to determine the
official returns of the election. [1979 c.190 §325; 1999 c.318 §41; 2001 c.965 §33]
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 recount may be demanded.
(2)
If two or more demands for the recount of the same measure are filed with the
Secretary of State the demand first received by the Secretary of State shall be
considered the demand for a recount.
(3)
If two or more demands for the recount of the same nomination or office are
filed with the Secretary of State the demand received from or on behalf of the
losing candidate receiving the highest number of votes shall be considered the
demand for a recount.
(4)
If the demand for a recount under subsection (2) or (3) of this section
specifies a partial recount, any elector may file a supplemental demand as
provided in ORS 258.161. [Formerly 251.540; 1985 c.808 §48; 2001 c.965 §34]
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 containing precincts in which
ballots were cast on the measure or for the nomination or office specified in
the demand for a recount to conduct a recount in the precincts specified in the
demand.
(2)
If the demand for a recount of votes cast for a nomination or office is filed,
the Secretary of State, not later than the third day after the filing of the
first demand, shall notify the affected candidates by certified or registered
mail that a recount is to be made in the precincts specified in the demand.
(3)
The official who is to conduct the recount, within a reasonable time before the
recount, shall notify the affected candidates or the individual filing the
demand for recount for a measure of the date, time and place of the recount. [Formerly
251.550]
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 counting boards from the list of electors
qualified to vote in the county in which the recount is demanded. The official
shall appoint as many counting boards as may be necessary to complete the
recount within the shortest practicable time after the demand is filed. No
member of the counting boards shall have been a candidate for any office voted
upon at the election. The members of a counting board shall not all be members
of the same political party.
(2)
Each member of the counting board shall be compensated at a rate not less than
the federal or state minimum wage, whichever is higher. [Formerly 251.560; 1981
c.173 §38; 1993 c.493 §49; 1999 c.410 §66]
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 of the counting
board and the persons referred to in this section.
(2)
The counting board shall conduct the recount by hand and, if requested, permit:
(a)
In the instance of a nomination or office, an affected candidate or an elector
authorized in writing by an affected candidate, and an elector authorized in
writing by each major or minor political party to be present to watch the
recount.
(b)
In the instance of a measure, one elector advocating and one elector opposing
the measure to be present to watch the recount.
(3)
For ballots cast using a voting machine:
(a)
The county clerk shall deposit the paper record copy recorded by the machine
into the ballot box; and
(b)
The paper record copies are the ballots to be recounted under this section. [Formerly
251.570; 2001 c.965 §35; 2005 c.731 §6; 2005 c.797 §69]
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 directed to conduct the recount, as
soon as practicable after completion of the recount, shall:
(a)
Certify the abstract of votes recounted to the Secretary of State.
(b)
Certify the abstract of votes recounted to the official issuing certificates of
nomination or election regarding a nomination or office, or to the official
responsible for issuing a proclamation regarding a measure. The official then
shall issue the appropriate certificate or proclamation.
(c)
Notify by mail the person who filed the demand for the recount of the result
and the cost of the recount.
(3)
Not later than the 30th day after the completion of the recount the official
directed to conduct the recount shall certify the cost of the recount to the
Secretary of State. [Formerly 251.590; 2001 c.965 §36]
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 required to conduct the recount and
overtime payment to regular employees who are eligible to receive such
payments.
(c)
Postage and telephone charges directly related to the recount.
(d)
The costs for security.
(2)
The certification of costs of a recount required in ORS 258.221 (3) shall not
include:
(a)
General administrative costs.
(b)
Allowances for meals or lodging. [Formerly 251.630; 2001 c.965 §37]
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)
Except as provided in ORS 258.171 (2), in the case of a partial recount, the
abstract of votes recounted shall not be certified and the abstract of votes
resulting from the original count shall be the official return of the election.
[Formerly 251.600; 2001 c.965 §38]
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 a candidate for
whose benefit the recount was demanded received a plurality of the votes, the
deposit required by ORS 258.161 shall be refunded by the Secretary of State to
the person who filed the demand.
(2)
The Secretary of State shall transfer the deposit required by ORS 258.161 and
any additional amount paid pursuant to subsection (5) of this section to a
special account in the General Fund if:
(a)
A full recount was not conducted; or
(b)
The abstract of votes resulting from a full recount shows that:
(A)
The outcome of the election on the measure was not changed; or
(B)
A candidate for whose benefit the recount was demanded did not receive a
plurality of the votes.
(3)
Moneys deposited in the special account under subsection (2) of this section
are continuously appropriated for the purpose of reimbursing the county, city
or other political subdivision or public corporation for the cost of the
recount and paying any refunds required by subsection (4) of this section.
(4)
Upon receipt from the official directed to conduct the recount of a signed
certificate itemizing the cost of the recount, the Secretary of State shall
request the Oregon Department of Administrative Services to issue warrants for
the amount so certified. Any portion of the deposit required by ORS 258.161
remaining after the cost of the recount has been paid shall be refunded to the
person who filed the demand upon receipt of a warrant from the Oregon Department
of Administrative Services showing the amount of the refund to which the person
is entitled.
(5)
If the cost of the recount exceeds the amount of the deposit required by ORS
258.161, and if the person who filed the demand does not qualify for a refund
under subsection (1) of this section, the person shall pay to the Secretary of
State the amount of the excess cost. [Formerly 251.610; 1983 c.740 §66; 2001
c.965 §39; 2005 c.755 §7]
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 258.231 (1)
which the secretary incurs as a result of the recount. [Formerly 251.635]
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 for recount by
more than one person shall be equitably apportioned among those persons. With
the advice of the official directed to conduct the recount, the Secretary of
State shall determine the apportionment of costs. [Formerly 251.615]
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 Secretary of State is the filing officer, and the county
clerk who conducted the election shall order a full recount of the votes cast
for nomination or election to any other public office if the canvass of votes
of the election reveals that:
(a)
Two or more candidates for that nomination or office have an equal and the
highest number of votes; or
(b)
The difference in the number of votes cast for a candidate apparently nominated
or elected to the office and the votes cast for the closest apparently defeated
opponent is not more than one-fifth of one percent of the total votes for both
candidates.
(2)(a)
Unless otherwise provided by a home rule charter, at an election described in
ORS 249.088, the Secretary of State shall order a full recount of the votes
cast for nomination or election to a nonpartisan office for which the Secretary
of State is the filing officer, and the county clerk who conducted the election
shall order a full recount of the votes cast for nomination or election to any
other nonpartisan office, if the canvass of votes of the election reveals that
the number of votes cast for a candidate differs from a majority of votes cast
for the office by not more than one-fifth of one percent of the total votes
cast for the office.
(b)
This subsection does not apply to the office of sheriff, the office of county
clerk, the office of county treasurer or a candidate to fill a vacancy, as
described in ORS 249.088.
(3)
The cost of a full recount conducted under this section shall be paid by the
county for a county office, by the city for a city office, by the special
district for a special district office or by the state for any other office. [Formerly
251.640; 1985 c.808 §49; 1993 c.493 §50; 2001 c.965 §40; 2011 c.479 §1]
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 is not more than one-fifth of one percent of the
total votes cast for and against the measure, the Secretary of State, in the
case of a measure for which the Secretary of State is the filing officer, and
the county clerk who conducted the election in the case of any other measure
shall order a full recount of all votes cast for the measure.
(2)
The cost of a full recount conducted under this section shall be paid by the
state, county, city or special district for which the measure was proposed.
(3)
This section does not apply if the election on the measure is an election at
which at least 50 percent of registered voters eligible to vote in the election
must cast a ballot under sections 11 and 11k, Article XI, Oregon Constitution,
and less than 50 percent of registered voters eligible to vote in the election
cast ballots. [Formerly 251.645; 1993 c.493 §51; 1997 c.541 §313e; 2001 c.965 §41;
2010 c.9 §6]
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 State of any election subject to an automatic full recount under
ORS 258.280 and 258.290. [Formerly 251.650; 2001 c.965 §42]
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]
_______________