N.M. Stat. § 1-13-10
Post-election duties; voting machine recheck; cost.
A. Before any recheck and comparison of returns and voting machines is made pursuant to
Section 1-13-9 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 state canvassing board shall determine the estimated actual cost of a recheck per voting
machine no later than March 15 of even-numbered years.
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.