(2) If the judgment sets aside the nomination of a person, it also shall declare that the nomination is vacant.
(3) Except as provided in subsection (4) of this section, if the judgment sets aside the election of a person, the incumbent shall remain in office until a successor is elected.
(4) If the judgment sets aside the election of a person to an office sought by an incumbent who was defeated, the office shall be declared vacant.
(5) If the judgment under ORS 258.026 (2) sets aside the nomination or election of a person to a city office or as a member of the board of a district defined in ORS 255.012, the names of the candidates for the office shall be resubmitted to the electors at a special election held on the next available election date. The county of the county clerk or the local elections official who committed the error in the distribution of the official ballots shall bear the cost of the election. [1979 c.190 §320; 1983 c.170 §3]
Structure 2021 Oregon Revised Statutes
Volume : 06 - Local Government, Public Employees, Elections
Chapter 258 - Election Contests; Recounts
Section 258.006 - Definitions.
Section 258.016 - Grounds for contest; persons authorized to contest.
Section 258.026 - When election results may be set aside.
Section 258.036 - Petition of contest; location of filing; contents of petition.
Section 258.046 - Payment of costs, disbursements and attorney fees.
Section 258.063 - Effect of successful contest of recall election.
Section 258.065 - Effect of successful contest of nomination or election.
Section 258.181 - One recount only; two or more recount demands.
Section 258.190 - Secretary of State ordering recount after demand; notice.
Section 258.200 - Counting boards; appointment; compensation.
Section 258.211 - Opening ballot boxes; conduct of recount by hand; persons permitted to be present.
Section 258.231 - Costs to be included and excluded from recount costs.
Section 258.241 - Official return of election after recount.