What are the rules for recounts and challenge of election results?

In New Mexico, recounts and challenges of election results are subject to certain rules. Recount requests must be filed within three days of the conclusion of the election, and can be requested by any registered voter in the district where the election was held. The recount request must be in writing and must include the reason the recount is being requested. If a recount is ordered, it must be conducted in the same manner as the original election. All ballots that were cast must be recounted in full by precinct. A challenge to an election result, meanwhile, must be filed within five days of the conclusion of the election. The challenge must be made in writing, and must include the reasons for the challenge. Challenged election results can be overturned by the secretary of state, county clerk, or a court of law. A court of law will take a variety of factors into consideration during a challenge, including evidence of fraud, mistakes in the counting or tabulation of the ballots, and errors in the ballot casting or counting process. In either case, the party filing the recount or challenge must pay the full costs associated with any recount or challenge, unless it is found that fraud, mistakes, or errors occurred that changed the final result of the election. New Mexico’s election law is designed to ensure that all recount and challenge processes are conducted in a fair and transparent manner.

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