ORS 258.046
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]

Source: Section 258.046 — Payment of costs, disbursements and attorney fees, https://www.­oregonlegislature.­gov/bills_laws/ors/ors258.­html.

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)

Green check means up to date. Up to date

Current through early 2024

§ 258.046’s source at oregon​.gov