ORS 258.016: Grounds for contest; persons authorized to contest.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
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]
This rule cites
- ORS 246.012 — resolved
Cited by
- ORS 258.006: Definitions.
- ORS 258.026: When election results may be set aside.
- ORS 258.046: Payment of costs, disbursements and attorney fees.
- ORS 258.075: Effect of successful contest of measure; special election dates; tax election participation contests.
- ORS 310.190: Effect of election challenge on tax; resolution of challenge.
- ORS 310.193: Taxing district duty to notify assessor of challenge.
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors258.html