2017 ORS 258.016¹
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 (Definitions), 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]

See also annota­tions under ORS 251.025 in permanent edi­tion.

Notes of Decisions

Challenge to PUD general obliga­tion bond issue elec­tion was elec­tion contest under ORS chapter 258 and trial court properly applied “deliberate and ma­te­ri­al” standard of this sec­tion. Stork v. Columbia River P.U.D., 58 Or App 51, 646 P2d 1372 (1982), Sup Ct review denied

Court was without jurisdic­tion to consider educa­tion service district’s claim concerning validity of defendant’s elec­tion to district board as claim was elec­tion contest re­quired under this sec­tion to be prosecuted by “elector” or “candidate.” Lane Educa­tion Service District v. Swanson, 71 Or App 328, 692 P2d 622 (1984)

Atty. Gen. Opinions

Effect upon elec­tion’s validity of school elec­tion board clerks serving without compensa­tion, (1975) Vol 37, p 679

See also annota­tions under ORS 251.015 to 251.090 in permanent edi­tion.

Notes of Decisions

In a pro­ceed­ing contesting an elec­tion pursuant to these sec­tions, the viola­tions must be proven by clear and convincing evidence. Putnam v. Milne, 13 Or App 540, 511 P2d 442 (1973)

Law Review Cita­tions

50 OLR 299-321 (1971)

1 Legislative Counsel Committee, CHAPTER 258—Election Contests; Recounts, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors258.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 258, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano258.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.