Section 3-8-56 - Post-election duties; canvass; when recheck is required. - New Mexico Statutes

3-8-56. Post-election duties; canvass; when recheck is required.

A.     If it appears that the defective returns cannot be corrected without a recheck of the voting machine, the municipal clerk shall immediately cause written notice to be hand-delivered to the district court.   

B.     The district court shall fix a time and place which shall be not more than one week after receipt of notice from the municipal clerk for a recheck of the machines from that precinct.   

C.     The municipal clerk shall immediately notify all candidates for municipal office, if any, of the time and place of the recheck.   

D.     At the time and place set by the district court the recheck shall be conducted as provided in the Municipal Election Code [Chapter 3, Articles 8 and 9 NMSA 1978].   

E.     After the recheck, the election returns shall be corrected in duplicate to conform to the facts.   

F.     After being properly corrected, the election returns shall be retained by the municipal clerk and the municipal clerk shall execute an amended certificate of canvass.