258.016
Grounds for contest; persons authorized to contest. The nomination or election of a
person, the result of a recall election or the approval or rejection of a
measure may be contested by any elector entitled to vote for the person, recall
or measure, by any person who was a candidate at the election for the same
nomination or office, by the public officer subject to the recall, by the
Secretary of State if the contest involves a state measure, the recall of a
state officer or a candidate for whom the Secretary of State is the filing
officer, or by the county clerk who conducted the election, only for the
following causes:
(1) Deliberate
and material violation of any provision of the election laws in connection with
the nomination, election, recall election or approval or rejection of a
measure.
(2) Ineligibility
of the person elected to the office to hold the office at the time of the
election.
(3) Illegal
votes.
(4) Mistake or
fraud in the canvass of votes.
(5) Fraud in the
count of votes.
(6) Nondeliberate
and material error in the distribution of the official ballots by a local
elections official, as that term is defined in ORS 246.012, or a county clerk.
(7) A challenge
to the determination of the number of electors who were eligible to participate
in an election on a measure conducted under section 11 (8), Article XI of the
Oregon Constitution. [Formerly 251.025; 1983 c.170 §1; 1993 c.493 §48; 1997
c.541 §313a; 2001 c.965 §29; 2009 c.511 §13]
258.020 [1953 c.397 §2; repealed by 1965
c.586 §34]
258.025 [1965 c.586 §4; 1979 c.190 §24;
renumbered 246.520]
Notes of Decisions
Bryant v. Recall for Lowell's Future Comm., 400 P.3d 980 (Or. Ct. App. 2017).
“We note that two Supreme Court cases have discussed the term “material” as used in a different section of the election laws covering elections violations.”
State Ex Rel. Mcintire v. Balmer, 75 P.3d 894 (Or. 2003).
· cites it 2× “The state’s theory was that, because, in the interim, Justice Balmer had been elected to the position to which he originally had been appointed, the only appropriate form of challenge to his holding office had to be made pursuant to ORS 258.016(2). However, under that statute,…”
State ex rel. Poddar v. Lee, 100 P.3d 747 (Or. Ct. App. 2004).
· cites it 7× “Defendants moved to dismiss on several grounds, including that plaintiffs failed to state a claim and that the action, properly understood, was really an untimely contest under ORS 258.016 to defendants’ election. Defendants requested attorney fees under ORS 258.”
Lane Educ. Serv. Dist. v. Swanson, 692 P.2d 622 (Or. Ct. App. 1984).
· cites it 6× “’ a* * * * * “ORS 258.016 provides: “ ‘The nomination or election of any person.”
Stork v. Columbia River People's Util. Dist., 646 P.2d 1372 (Or. Ct. App. 1982).
· cites it 3× “ORS 258.016 provides, in pertinent part: “The nomination or election of any person or the decision on any measure may be contested by any elector entitled to vote for the person or measure, or by any person who was a candidate at the election for the same nomination or office,…”
— Or. Rev. Stat. § 258.016(1) — 1 case
Stork v. Columbia River People's Util. Dist., 646 P.2d 1372 (Or. Ct. App. 1982).
“ORS 258.016 provides, in pertinent part: “The nomination or election of any person or the decision on any measure may be contested by any elector entitled to vote for the person or measure, or by any person who was a candidate at the election for the same nomination or office,…”
— Or. Rev. Stat. § 258.016(2) — 2 cases
State Ex Rel. Mcintire v. Balmer, 75 P.3d 894 (Or. 2003).
“The state’s theory was that, because, in the interim, Justice Balmer had been elected to the position to which he originally had been appointed, the only appropriate form of challenge to his holding office had to be made pursuant to ORS 258.016(2). However, under that statute,…”
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