Or. Rev. Stat. » Oregon Revised Statutes
Oregon Revised Statutes

Or. Rev. Stat. § 258.026 (2026)

When election results may be set aside

✓ current as of May 2026
Find cases: SyfertCases citing this section ORSoregonlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

      258.026 When election results may be set aside. (1) The nomination or election of a person may not be set aside for any cause listed in ORS 258.016 (3) to (5) unless:

      (a) The person nominated or elected had knowledge of or connived in the cause of the contest; or

      (b) The number of votes taken from the person nominated or elected by reason of the cause of the contest would reduce the legal votes of the person below the number of legal votes given to another person for the same nomination or office.

      (2) The nomination or election of a person may not be set aside for the cause described in ORS 258.016 (6) unless the nomination or election would have been given to one of the candidates other than the candidate nominated or elected if all votes not cast or tallied due to the error had been cast or tallied for the other candidate.

      (3) The approval or rejection of a measure may not be set aside unless:

      (a) The number of votes taken from the approval or rejection by reason of the cause of the contest would reverse the outcome of the election; or

      (b) The outcome of the election would have been reversed if all votes not cast or tallied due to an error under ORS 258.016 (6) had been cast or tallied in opposition to the contested outcome.

      (4) The result of a recall election may not be set aside unless:

      (a) The number of votes taken from the result of the recall election by reason of the cause of the contest would reverse the result; or

      (b) The result of the recall election would have been reversed if all votes not cast or tallied due to an error under ORS 258.016 (6) had been cast or tallied in opposition to the contested result. [Formerly 251.035; 1983 c.170 §2; 2009 c.511 §14]

 

      258.030 [1953 c.397 §30; repealed by 1965 c.586 §34]

 

      258.035 [1965 c.586 §5; repealed by 1979 c.190 §431]

Notes of Decisions
Cited in 2 cases, 1982–2016 · leading case: Clackamas Cnty. Oregon, May 21 v. Clackamas River Water, 382 P.3d 598 (Or. Ct. App. 2016).
Sort: Relevance Newest Treatment
Clackamas Cnty. Oregon, May 21 v. Clackamas River Water, 382 P.3d 598 (Or. Ct. App. 2016). · cites it 2× “As authorized by ORS 258.026 and ORS 258.036, contestor filed a petition of contest of election, seeking to set aside their election.”
Stork v. Columbia River People's Util. Dist., 646 P.2d 1372 (Or. Ct. App. 1982). “Here, there were not enough illegal votes cast to change the outcome of the election, a prerequisite under ORS 258.026(2) for setting the election aside.”
— Or. Rev. Stat. § 258.026(1) — 1 case
Clackamas Cnty. Oregon, May 21 v. Clackamas River Water, 382 P.3d 598 (Or. Ct. App. 2016). “As authorized by ORS 258.026 and ORS 258.036, contestor filed a petition of contest of election, seeking to set aside their election.”
— Or. Rev. Stat. § 258.026(2) — 1 case
Stork v. Columbia River People's Util. Dist., 646 P.2d 1372 (Or. Ct. App. 1982). “Here, there were not enough illegal votes cast to change the outcome of the election, a prerequisite under ORS 258.026(2) for setting the election aside.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.