(a) Two or more candidates for that nomination or office have an equal and the highest number of votes; or
(b) The difference in the number of votes cast for a candidate apparently nominated or elected to the office and the votes cast for the closest apparently defeated opponent is not more than one-fifth of one percent of the total votes for both candidates.
(2)(a) Unless otherwise provided by a home rule charter, at an election described in ORS 249.088, the Secretary of State shall order a full recount of the votes cast for nomination or election to a nonpartisan office for which the Secretary of State is the filing officer, and the county clerk who conducted the election shall order a full recount of the votes cast for nomination or election to any other nonpartisan office, if the canvass of votes of the election reveals that the number of votes cast for a candidate differs from a majority of votes cast for the office by not more than one-fifth of one percent of the total votes cast for the office.
(b) This subsection does not apply to the office of sheriff, the office of county clerk, the office of county treasurer or a candidate to fill a vacancy, as described in ORS 249.091.
(3) The cost of a full recount conducted under this section shall be paid by the county for a county office, by the city for a city office, by the special district for a special district office or by the state for any other office. [Formerly 251.640; 1985 c.808 §49; 1993 c.493 §50; 2001 c.965 §40; 2011 c.479 §1; 2013 c.1 §24]
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.