Section 3-8-58 - Post-election duties; canvass; voting machine recheck. - New Mexico Statutes

3-8-58. Post-election duties; canvass; voting machine recheck.

A.     Prior to completion of the official canvass of an election, the municipal clerk, upon written request of any candidate in the election, if any, or upon receipt of a written petition of five percent of the people who voted in the election, shall, in the presence of the district judge, conduct a recheck and comparison of the results shown on the official returns being canvassed with the results of each voting machine used in the election.

B.     For the purpose of making the recheck and comparison, the municipal clerk may request the county clerk to:

(1)     unlock the voting machine;

(2)     check the figures shown by the counter on the voting machine;

(3)     insert the cartridge or memory card into the voting machine; and 

(4)     rerun the printed returns from the voting machine.

C.     At the conclusion of the recheck and comparison, the voting machine shall again be secured.

D.     The necessary corrections, if any, shall be made on the returns and the results of the election, as shown by the recheck and comparison, shall be declared.