Oregon Statutes 258.016 – Grounds for contest; persons authorized to contest
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:
Terms Used In Oregon Statutes 258.016
- Candidate: means a candidate for nomination or election to any elective office. See Oregon Statutes 258.006
- County clerk: means the county clerk or the county official in charge of elections. See Oregon Statutes 258.006
- Elector: means an individual qualified to vote under section 2, Article II, Oregon Constitution. See Oregon Statutes 258.006
- Fraud: Intentional deception resulting in injury to another.
- Measure: includes any of the following submitted to the people for their approval or rejection at an election:
(a) A proposed law. See Oregon Statutes 258.006
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(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]
[1953 c.397 § 2; repealed by 1965 c.586 § 34]
[1965 c.586 § 4; 1979 c.190 § 24; renumbered 246.520]