"The application shall be made in writing to the secretary of state and shall be submitted no later than the Friday following the election.
Each candidate requesting a recount shall pay the secretary of state fees as provided in RSA 660:2."
Since the recount would begin by the following Wednesday, there's not much time, and it's presumed the payment would be upon application. And it wouldn't make sense to recount and then ask for payment.
It's more expressly stated down in the section dealing with local recounts "Such application shall be accompanied by a fee of $10 for each 1000 ballots or fraction thereof". That doesn't apply to the presidential recounts, but upon reading it, I think a reasonable person could infer that you're supposed to pay the fee when you apply in writing.
If Nader had read the statute (which I'm sure his team had) they would have known that a request in writing was necessary, and a fee was required to be paid. They could have easily included the fee with the application, as it's not that much money. Or, if they were unsure, they could have asked.
The only way they could have a problem is if they were asked, someone told them in person "oh, you have until Wednesday to get us the check", and then officially rejected it for no fee, but if that was the case, I'm sure we'd be hearing about it.
It also says:
"IV. If the difference between the vote cast for the applying candidate and a candidate declared elected shall be greater than 3 percent of the total votes cast in the towns which comprise the office to be recounted,
the candidate shall pay the fees as provided in RSA 660:2, III
and shall agree in writing with the secretary of state
to pay any additional costs of the recount."
This implies again you pay up front, and if the difference is >3% you agree in writing to pick up any additional costs afterwards. It seems clear that you have to pay in advance.
The Nashua Telegraph says:
http://www.nashuatelegraph.com/apps/pbcs.dll/article?AID=/20041106/NEWS02/111060040/-1/news"Secretary of State Bill Gardner said a Nader official told him the campaign tried to fax a copy of the check to pay for the recount but it jammed."
Well, if he tried to fax a copy of the check, then they know they have to get payment in. Sorry if it jammed, but it's their responsibility to get the payment to the Sec. of State. Does he have no one in NH that can write a check for $2000 on his behalf?
What are his motives? With Nader, it's hard to know. Maybe he wants to campaign to change the election system. That'd be worthwhile. Is he doing this on behalf of the GOP? I doubt it, because NH has a Republican governor (but not for much longer!). If the GOP wanted it to go through, they could probably make it happen. Is he doing it for the Democrats? I doubt it, he hasn't helped them with anything else. Is he doing it to challenge the system? I think most likely. If he can do it, it's actually the best thing he's done in this election so far.