§ ORS § 258.046Payment of costs, disbursements and attorney fees

(1) The prevailing party in the
contest proceeding shall recover costs, disbursements and reasonable attorney
fees at trial and on appeal against the losing party. However, if the cause of
the contest is a mistake in the canvass of votes and the contestant prevails,
the cost of any recanvass of votes shall be paid by:

(a) The county
for a contest of a state or county nomination, office, recall election or
measure;

(b) The city for
a contest of a city nomination, office, recall election or measure; or

(c) Any other
political subdivision or public corporation for a contest of such a subdivision
or corporation nomination, office, recall election or measure.

(2) In a contest
under ORS 258.016 (7), costs, disbursements and attorney fees may not be
assessed against the county clerk unless the court makes a specific finding of
fault against the county clerk. [Formerly 251.060; 1981 c.897 §44; 1991 c.331 §50;
1995 c.607 §53a; 1997 c.541 §313c; 2009 c.511 §16]