(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]
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