Oregon Statutes 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:
Terms Used In Oregon Statutes 258.046
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Contestant: means any person who files a petition of contest under ORS § 258. See Oregon Statutes 258.006
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- County clerk: means the county clerk or the county official in charge of elections. See Oregon Statutes 258.006
- 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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. [Formerly 251.060; 1981 c.897 § 44; 1991 c.331 § 50; 1995 c.607 § 53a; 1997 c.541 § 313c; 2009 c.511 § 16]