Oregon § 258.046 Payment of costs, disbursements and attorney fees

Oregon Statutes

§ 258.046 — Payment of costs, disbursements and attorney fees

Oregon § 258.046

Vol.6

Title 23Elections

Ch. 258Election Contests; Recounts

This text of Oregon § 258.046 (Payment of costs, disbursements and attorney fees) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Or. Rev. Stat. § 258.046 (2026).

Text

(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 (7), costs, disbursements and attorney fees may not be assessed against the county clerk unless the co

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(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 (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.