The legislation reads:
(2) IF 1 CANDIDATE IS TO BE ELECTED TO THE OFFICE AND THE OFFICIAL CANVASS OF VOTES SHOWS THAT THE PERCENTAGE DIFFERENTIAL SEPARATING THE WINNING CANDIDATE AND THE PETITIONER IS MORE THAN 5.0% OF THE TOTAL NUMBER OF VOTES CAST IN THE RACE, THE PETITIONER SHALL DEPOSIT WITH THE CLERK 100% OF THE ESTIMATED COST OF THE RECOUNT FOR EACH PRECINCT REFERRED TO IN HIS OR HER PETITION. FOR PURPOSES OF THIS SUBSECTION, THE WINNING CANDIDATE IN A PRIMARY FOR A NONPARTISAN OFFICE WHERE ONLY 1 CANDIDATE WILL BE ELECTED MEANS THE CANDIDATE NOMINATED WITH THE LESSER NUMBER OF VOTES.