Oregon Revised Statutes

Or. Rev. Stat. § 258.036 (2026)

Petition of contest; location of filing; contents of petition

✓ current as of May 2026

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258.036 Petition of contest; location of filing; contents of petition. (1) Not later than the 40th day after the election or the seventh day after completion of a recount of votes cast in connection with the election, any person authorized to contest a result of the election may file a petition of contest. The petition shall be filed with:

(a) The Circuit Court for Marion County if the petition involves a state measure, a candidate for election to the office of elector of President and Vice President of the United States or a candidate for nomination or election to the office of United States Senator, United States Representative in Congress, Governor, Secretary of State, State Treasurer, Attorney General, Commissioner of the Bureau of Labor and Industries or a position of judge on the Oregon Supreme Court, the Oregon Court of Appeals or the Oregon Tax Court.

(b) The circuit court for the county where a majority of the electors in the electoral district reside if the petition involves a candidate for nomination or election to the office of state Senator, state Representative, circuit court judge or district attorney.

(c) The circuit court for the county in which the filing officer is located if the petition involves a candidate for nomination or election to county, city or district office or a county, city or district measure. If a district is located in more than one county, the petition shall be filed with the circuit court for the county in which the administrative office of the district is located.

(d) The circuit court for the county in which the filing officer authorized to order the recall election is located if the petition involves the recall of a public officer.

(2) The petition shall be verified in the manner required for verification of complaints in civil cases and shall specify:

(a) The cause of the contest; and

(b) The names of all contestees. [Formerly 251.045; 1995 c.607 §53; 2001 c.965 §30; 2009 c.511 §15; 2011 c.731 §14]

258.040 [1953 c.397 §37; repealed by 1965 c.586 §34]

258.045 [1965 c.586 §6; 1979 c.190 §25; renumbered 246.530]

Notes of Decisions

Cited in 3 cases, 2003–2016 · leading case: Clackamas Cnty. Oregon, May 21 v. Clackamas River Water, 382 P.3d 598 (Or. Ct. App. 2016).

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Clackamas Cnty. Oregon, May 21 v. Clackamas River Water, 382 P.3d 598 (Or. Ct. App. 2016). “026 and ORS 258.036, contestor filed a petition of contest of election, seeking to set aside their election.”

State Ex Rel. Mcintire v. Balmer, 75 P.3d 894 (Or. 2003). “ORS 258.036(1). Therefore, the state asserted, the matter is moot and should be dismissed.”

State ex rel. Poddar v. Lee, 100 P.3d 747 (Or. Ct. App. 2004). “ORS 258.036. However, an action under ORS 30.”

— Or. Rev. Stat. § 258.036(1) — 1 case

State Ex Rel. Mcintire v. Balmer, 75 P.3d 894 (Or. 2003). “ORS 258.036(1). Therefore, the state asserted, the matter is moot and should be dismissed.”

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