§ ORS § 258.280Automatic full recount required in certain elections of candidates for office; costs of recount to be paid by governmental unit

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(1) The Secretary of State shall
order a full recount of the votes cast for nomination or election to a public
office for which the Secretary of State is the filing officer, and the county
clerk who conducted the election shall order a full recount of the votes cast
for nomination or election to any other public office if the canvass of votes
of the election reveals that:

(a) Two or more
candidates for that nomination or office have an equal and the highest number
of votes; or

(b) The
difference in the number of votes cast for a candidate apparently nominated or
elected to the office and the votes cast for the closest apparently defeated
opponent is not more than one-fifth of one percent of the total votes for both
candidates.

(2)(a) Unless
otherwise provided by a home rule charter, at an election described in ORS
249.088, the Secretary of State shall order a full recount of the votes cast
for nomination or election to a nonpartisan office for which the Secretary of
State is the filing officer, and the county clerk who conducted the election
shall order a full recount of the votes cast for nomination or election to any
other nonpartisan office, if the canvass of votes of the election reveals that
the number of votes cast for a candidate differs from a majority of votes cast
for the office by not more than one-fifth of one percent of the total votes
cast for the office.

(b) This
subsection does not apply to the office of sheriff, the office of county clerk,
the office of county treasurer or a candidate to fill a vacancy, as described
in ORS 249.091.

(3) The cost of a
full recount conducted under this section shall be paid by the county for a
county office, by the city for a city office, by the special district for a
special district office or by the state for any other office. [Formerly
251.640; 1985 c.808 §49; 1993 c.493 §50; 2001 c.965 §40; 2011 c.479 §1; 2013
c.1 §24]



258.285 [1965 c.586 §22; 1979 c.317 §18;
repealed by 1979 c.190 §431]

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