§ ORS § 258.065Effect of successful contest of nomination or election

(1) After the contest hearing, the
circuit court shall render a judgment affirming or setting aside the nomination
or election of the person for or to the office.

(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]