§ ORS § 258.026When election results may be set aside

(1) The nomination or election of a person may not be set aside for any cause
listed in ORS 258.016 (3) to (5) unless:

(a) The person
nominated or elected had knowledge of or connived in the cause of the contest;
or

(b) The number of
votes taken from the person nominated or elected by reason of the cause of the
contest would reduce the legal votes of the person below the number of legal
votes given to another person for the same nomination or office.

(2) The
nomination or election of a person may not be set aside for the cause described
in ORS 258.016 (6) unless the nomination or election would have been given to
one of the candidates other than the candidate nominated or elected if all
votes not cast or tallied due to the error had been cast or tallied for the
other candidate.

(3) The approval
or rejection of a measure may not be set aside unless:

(a) The number of
votes taken from the approval or rejection by reason of the cause of the
contest would reverse the outcome of the election; or

(b) The outcome
of the election would have been reversed if all votes not cast or tallied due
to an error under ORS 258.016 (6) had been cast or tallied in opposition to the
contested outcome.

(4) The result of
a recall election may not be set aside unless:

(a) The number of
votes taken from the result of the recall election by reason of the cause of
the contest would reverse the result; or

(b) The result of
the recall election would have been reversed if all votes not cast or tallied
due to an error under ORS 258.016 (6) had been cast or tallied in opposition to
the contested result. [Formerly 251.035; 1983 c.170 §2; 2009 c.511 §14]



258.030 [1953 c.397 §30; repealed by 1965
c.586 §34]



258.035 [1965 c.586 §5; repealed by 1979
c.190 §431]