2017 ORS 258.046¹
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 (Grounds for contest) (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]

See also annota­tions under ORS 251.060 in permanent edi­tion.

Notes of Decisions

County clerk was entitled to recover attorney fees. Bagley v. Beaverton Sch. Dist., 12 Or App 377, 507 P2d 39 (1973)

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.