Oregon Statutes 258.055 – Publication of notice of contest; service and filing of copies of petition of contest; court hearing
(1) Except as provided in subsection (2) of this section, when a contestant files a petition of contest with the circuit court described under ORS § 258.036, the contestant shall, within three business days of filing the petition, publish a notice stating that the petition has been filed and identifying the date of the deadline described in this subsection for filing a motion to intervene. The notice must be published at least once in the next available issue of a newspaper of general circulation published in the county where the proceeding is pending. Jurisdiction over the election contest shall be complete within 10 days after the notice is published as provided in this subsection. Any person interested may at any time before the expiration of the 10 days appear and contest the validity of the proceeding, or of any of the acts or things enumerated in the proceeding.
Terms Used In Oregon Statutes 258.055
- Candidate: means a candidate for nomination or election to any elective office. See Oregon Statutes 258.006
- 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
- County clerk: means the county clerk or the county official in charge of elections. See Oregon Statutes 258.006
- Docket: A log containing brief entries of court proceedings.
- Elector: means an individual qualified to vote under section 2, Article II, Oregon Constitution. See Oregon Statutes 258.006
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(2) Subsection (1) of this section does not apply if the contest involves:
(a) A state measure.
(b) The election of a candidate to the office of elector of President and Vice President of the United States.
(c) The nomination or election of a candidate to the office of United States Senator, United States Representative in Congress, Governor, Secretary of State, State Treasurer, Attorney General, Commissioner of the Bureau of Labor and Industries or a position of judge on the Oregon Supreme Court, the Oregon Court of Appeals or the Oregon Tax Court.
(d) The recall of a person from the office of Governor, Secretary of State, State Treasurer, Attorney General, Commissioner of the Bureau of Labor and Industries or a position of judge on the Oregon Supreme Court, the Oregon Court of Appeals or the Oregon Tax Court.
(3) Not later than two business days after the contestant files a petition of contest with the circuit court, the contestant shall serve a copy of the petition by certified mail on each contestee. If the Secretary of State or county clerk is not a contestee, not later than one business day after the contestant files a petition of contest with the circuit court, the contestant shall file a copy of the petition with:
(a) The Secretary of State if the petition involves a candidate for state office, the recall of a person from state office or a state measure; or
(b) The county clerk if the petition involves a candidate for county, city or district office, the recall of a person from county, city or district office or a county, city or district measure. As used in this paragraph, ‘county clerk’ includes the county clerk of the county in which the administrative office of a city or district is located regarding a measure, a recall or a candidate for an office to be voted on in a city or district located in more than one county.
(4) The circuit court shall fix a time for the hearing by the circuit court of the contest proceeding, and not later than the fifth day before the hearing shall give written notice of the hearing to each party to the proceeding. In fixing the time for the hearing, the court shall consider the dates set in any notice published under subsection (1) of this section and the dates of service on the contestees. The contest proceeding shall take precedence over all other business on the circuit court docket.
(5) The circuit court shall hear and determine the proceeding without a jury and shall issue written findings of law and fact. The practice and procedure otherwise applicable to civil cases shall govern the proceeding, except that the contestant has the burden of proof by clear and convincing evidence. [Formerly 251.070; 1995 c.607 § 54; 2001 c.965 § 31; 2009 c.511 § 17; 2011 c.731 § 15]