(2) The Secretary of State shall transfer the deposit required by ORS 258.161 and any additional amount paid pursuant to subsection (5) of this section to a special account in the General Fund if:
(a) A full recount was not conducted; or
(b) The abstract of votes resulting from a full recount shows that:
(A) The outcome of the election on the measure was not changed; or
(B) A candidate for whose benefit the recount was demanded did not receive a plurality of the votes.
(3) Moneys deposited in the special account under subsection (2) of this section are continuously appropriated for the purpose of reimbursing the county, city or other political subdivision or public corporation for the cost of the recount and paying any refunds required by subsection (4) of this section.
(4) Upon receipt from the official directed to conduct the recount of a signed certificate itemizing the cost of the recount, the Secretary of State shall request the Oregon Department of Administrative Services to issue warrants for the amount so certified. Any portion of the deposit required by ORS 258.161 remaining after the cost of the recount has been paid shall be refunded to the person who filed the demand upon receipt of a warrant from the Oregon Department of Administrative Services showing the amount of the refund to which the person is entitled.
(5) If the cost of the recount exceeds the amount of the deposit required by ORS 258.161, and if the person who filed the demand does not qualify for a refund under subsection (1) of this section, the person shall pay to the Secretary of State the amount of the excess cost. [Formerly 251.610; 1983 c.740 §66; 2001 c.965 §39; 2005 c.755 §7]
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.