§ ORS § 258.075Effect of successful contest of measure; special election dates; tax election participation contests

(1) Except as provided in subsection (4) of this section, after the contest
hearing, the circuit court shall render a judgment affirming or setting aside
the approval or rejection of the measure.

(2) If the
judgment sets aside the approval or rejection of a measure, the circuit court
shall direct the measure to be resubmitted at a special election held on one of
the dates specified in this subsection, as set by the court. In setting the
election date, the court shall provide sufficient time for adequate notice to
be given. The special election may be held on any of the following dates:

(a) The second
Tuesday in March;

(b) The third
Tuesday in May;

(c) The fourth
Tuesday in August; or

(d) The first
Tuesday after the first Monday in November.

(3) 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 special
election.

(4) In a contest
under ORS 258.016 (7), the court shall determine whether the challenge to the
determination of the number of electors who were eligible on election day to
participate in the election on a measure conducted under Article XI, section 11
(8), of the Oregon Constitution, is valid. In making the determination, the
court shall rely on the provisions of ORS chapter 247 and shall receive
testimony from the county clerk regarding the clerk’s administration of ORS
chapter 247. If, after a contest hearing, the court determines that the
challenge to the determination of the number of electors who were eligible to
participate is valid and that the change in the number of electors eligible to
participate is sufficient to change the outcome of the election on the measure,
the court shall order the county clerk to make a new determination of the
number of eligible electors and to certify the results of the election based on
the new determination. [1979 c.190 §321; 1983 c.170 §4; 1985 c.808 §47; 1989
c.923 §18; 1991 c.71 §5; 1993 c.713 §54; 1995 c.712 §117; 1997 c.541 §313b;
2021 c.551 §21]