A. Before any recheck and comparison of returns and voting machines is made pursuant to Section 1-13-9 N.M. Stat. Ann., 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.

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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.