A. Before any recheck and comparison of returns and voting machines is made pursuant to Section 1-13-10 NMSA 1978, the candidate making the request, or the petitioners, shall deposit a sum of money or a surety bond made in favor of the county to defray the cost of the recheck. The deposit or the surety bond shall be in the amount of ten dollars ($10.00) for each machine to be rechecked.
B. If the recheck alters the winner of the election, the deposit or surety bond shall be returned and the cost of the recheck shall be paid by the county. If the recheck does not alter the winner of the election, the deposit or surety bond shall be forfeited and the money from the deposit or bond shall be placed in the county general fund.
History: 1953 Comp., § 3-13-11, enacted by Laws 1969, ch. 240, § 313; 1973, ch. 4, § 6.
Cross references. — For cost of recount proceedings, see 1-14-15 NMSA 1978.
Structure New Mexico Statutes
Article 13 - Post-Election Duties
Section 1-13-1 - Post-election duties; county canvassing board.
Section 1-13-2 - Post-election duties; missing returns.
Section 1-13-4 - Post-election duties; county canvass; method.
Section 1-13-5 - Post-election duties; county canvass; defective returns; correction.
Section 1-13-7 - Post-election duties; county canvass; when recheck is required.
Section 1-13-8 - Post-election duties; county canvass; search for missing returns.
Section 1-13-9 - Post-election duties; county canvass; voting machine recheck.
Section 1-13-10 - Post-election duties; voting machine recheck; cost.
Section 1-13-11 - Post-election duties; tie vote.
Section 1-13-12 - Post-election duties; mandamus to compel canvass.
Section 1-13-13 - Post-election duties; county canvassing board; certifying results.
Section 1-13-14 - Post-election duties; opening the ballot box.
Section 1-13-15 - Post-election duties; statewide election; state canvass.
Section 1-13-16 - Post-election duties; secretary of state duties.
Section 1-13-17 - Post-election duties; nature of documents.
Section 1-13-18 - Post-election duties; state canvass; corrections.
Section 1-13-19 - Post-election duties; proceedings for contempt.
Section 1-13-20 - Post-election duties; expense of corrections.
Section 1-13-21 - Clearing voting systems; transferring ballots.
Section 1-13-22 - Post-election duties; responsibility for voting machines.
Section 1-13-23 - Post-election duties; records.
Section 1-13-24 - Post-election duties; unopposed write-in candidates.