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Oregon Revised Statutes

Or. Rev. Stat. § 258.046 (2026)

Payment of costs, disbursements and attorney fees

✓ current as of May 2026
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      258.046 Payment of costs, disbursements and attorney fees. (1) The prevailing party in the contest proceeding shall recover costs, disbursements and reasonable attorney fees at trial and on appeal against the losing party. However, if the cause of the contest is a mistake in the canvass of votes and the contestant prevails, the cost of any recanvass of votes shall be paid by:

      (a) The county for a contest of a state or county nomination, office, recall election or measure;

      (b) The city for a contest of a city nomination, office, recall election or measure; or

      (c) Any other political subdivision or public corporation for a contest of such a subdivision or corporation nomination, office, recall election or measure.

      (2) In a contest under ORS 258.016 (7), costs, disbursements and attorney fees may not be assessed against the county clerk unless the court makes a specific finding of fault against the county clerk. [Formerly 251.060; 1981 c.897 §44; 1991 c.331 §50; 1995 c.607 §53a; 1997 c.541 §313c; 2009 c.511 §16]

Notes of Decisions
Cited in 4 cases, 1982–2016 · 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). · cites it 4× “CRW then petitioned under ORS 258.046(1) for $54,000 in attorney fees.”
State ex rel. Poddar v. Lee, 100 P.3d 747 (Or. Ct. App. 2004). · cites it 5× “We affirm the trial court on the merits but reverse the award of attorney fees that it made under ORS 258.046. 1 The material facts are undisputed.”
Lane Educ. Serv. Dist. v. Swanson, 692 P.2d 622 (Or. Ct. App. 1984). · cites it 4× “See ORS 258.046; ORS 258.055. Plaintiff prayed for a declaration of the parties’ rights and duties “relative to the validity of defendant’s election.”
Stork v. Columbia River People's Util. Dist., 646 P.2d 1372 (Or. Ct. App. 1982). “We have already determined ORS chapter 258 governs this election contest; ORS 258.046(2) authorizes the award of attorney fees to the prevailing party in the contest.”
— Or. Rev. Stat. § 258.046(1) — 1 case
Clackamas Cnty. Oregon, May 21 v. Clackamas River Water, 382 P.3d 598 (Or. Ct. App. 2016). “CRW then petitioned under ORS 258.046(1) for $54,000 in attorney fees.”
— Or. Rev. Stat. § 258.046(2) — 2 cases
Lane Educ. Serv. Dist. v. Swanson, 692 P.2d 622 (Or. Ct. App. 1984). “See ORS 258.046; ORS 258.055. Plaintiff prayed for a declaration of the parties’ rights and duties “relative to the validity of defendant’s election.”
Stork v. Columbia River People's Util. Dist., 646 P.2d 1372 (Or. Ct. App. 1982). “We have already determined ORS chapter 258 governs this election contest; ORS 258.046(2) authorizes the award of attorney fees to the prevailing party in the contest.”
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