ORS 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 (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]

Source: Section 258.026 — When election results may be set aside, https://www.­oregonlegislature.­gov/bills_laws/ors/ors258.­html.

See also annotations under ORS 251.035 in permanent edition.

Attorney General Opinions

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

Green check means up to date. Up to date

Current through early 2024

§ 258.026’s source at oregon​.gov