(1) After the contest hearing, the circuit court shall render a judgment affirming or setting aside the nomination or election of the person for or to the office. (2) If the judgment sets aside the nomination of a person, it also shall declare that the nomination is vacant. (3) Except as provided in subsection (4) of this section, if the judgment sets aside the election of a person, the incumbent shall remain in office until a successor is elected. (4) If the judgment sets aside the election of a person to an office sought by an incumbent who was defeated, the office shall be declared vacant. (5) If the judgment under ORS 258.026 (2) sets aside the nomination or election of a person to a city office or as a member of the board of a district defined in ORS 255.012, the names of the candidates for the office shall be resubmitted to the electors at a special election held on the next available election date. The county of the county clerk or the local elections official who committed the error in the distribution of the official ballots shall bear the cost of the election.
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