§ ORS § 258.250Payment of cost of recount

(1) If the abstract of votes resulting from a full recount shows that the
outcome of the election on the measure was changed or that a candidate for
whose benefit the recount was demanded received a plurality of the votes, the
deposit required by ORS 258.161 shall be refunded by the Secretary of State to
the person who filed the demand.

(2) The Secretary
of State shall transfer the deposit required by ORS 258.161 and any additional
amount paid pursuant to subsection (5) of this section to a special account in
the General Fund if:

(a) A full
recount was not conducted; or

(b) The abstract
of votes resulting from a full recount shows that:

(A) The outcome
of the election on the measure was not changed; or

(B) A candidate
for whose benefit the recount was demanded did not receive a plurality of the
votes.

(3) Moneys
deposited in the special account under subsection (2) of this section are
continuously appropriated for the purpose of reimbursing the county, city or
other political subdivision or public corporation for the cost of the recount
and paying any refunds required by subsection (4) of this section.

(4) Upon receipt
from the official directed to conduct the recount of a signed certificate
itemizing the cost of the recount, the Secretary of State shall request the
Oregon Department of Administrative Services to issue warrants for the amount
so certified. Any portion of the deposit required by ORS 258.161 remaining
after the cost of the recount has been paid shall be refunded to the person who
filed the demand upon receipt of a warrant from the Oregon Department of
Administrative Services showing the amount of the refund to which the person is
entitled.

(5) If the cost
of the recount exceeds the amount of the deposit required by ORS 258.161, and
if the person who filed the demand does not qualify for a refund under
subsection (1) of this section, the person shall pay to the Secretary of State
the amount of the excess cost. [Formerly 251.610; 1983 c.740 §66; 2001 c.965 §39;
2005 c.755 §7]



258.255 [1965 c.586 §19; 1979 c.317 §17;
repealed by 1979 c.190 §431]