2017 ORS 258.026¹
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 (Grounds for contest) (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 (Grounds for contest) (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 (Grounds for contest) (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 (Grounds for contest) (6) had been cast or tallied in opposition to the contested result. [Formerly 251.035; 1983 c.170 §2; 2009 c.511 §14]

See also annota­tions under ORS 251.035 in permanent edi­tion.

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.