2009 New Mexico Statutes
Chapter 1 - Elections.
Article 14 - Contests and Recounts
Section 1-14-23 - Recount procedures.

1-14-23. Recount procedures.

A.     To ensure the accuracy of electronic vote tabulating systems, the secretary of state shall issue rules to implement the recount procedures provided for in Subsections B and C of this section.

B.     The votes from a random selection of ballots shall be tallied by hand, and the votes from the same ballots shall be tabulated by an electronic vote tabulating system.  For statewide and federal office, the number of ballots to be tallied and tabulated shall be equal to at least two percent of the ballots cast in each county.  For all other offices, the number of ballots to be tallied and tabulated shall be equal to the greater of one hundred, or five percent, of the ballots cast for the office, distributed by county where applicable. 

C.     For a statewide or federal office, if the results of the hand-tally and the electronic vote tabulating system tabulation differ by one-fourth of one percent or less, the remaining ballots shall be recounted using electronic vote tabulating systems.  Otherwise, the remaining ballots shall be recounted by hand.

D.     For offices other than statewide or federal offices, if the results of the hand-tally and the electronic vote tabulating system tabulation differ by the greater of one percent or less, or two votes, the remaining ballots shall be recounted using electronic vote tabulating systems.  Otherwise, the remaining ballots shall be recounted by hand. 

E.     Nothing in this section prohibits a candidate from requesting a hand recount in accordance with the provisions of Section 1-14-15 NMSA 1978.