Bill Text: MI SB0603 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Elections: recounts; recount filing fees; modify, and modify recount process Amends secs. 842, 861, 862, 863, 865, 866, 867, 868, 869, 870, 871, 872, 873, 874, 875, 876, 878, 879, 880, 880a, 881, 882, 883, 884, 887, 888, 889, 890 & 892 of 1954 PA 116 (MCL 168.842 et seq.); adds secs. 861a & 883a & repeals secs. 871a, 877, 885, 886 & 891 of 1954 PA 116 (MCL 168.871a et seq.).
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed) 2024-05-21 - Referred To Second Reading [SB0603 Detail]
Download: Michigan-2023-SB0603-Introduced.html
SENATE BILL NO. 603
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 842, 861, 862, 863, 865, 866, 867, 868, 869, 870, 871, 872, 873, 874, 875, 876, 878, 879, 880, 880a, 881, 882, 883, 884, 887, 888, 889, 890, and 892 (MCL 168.842, 168.861, 168.862, 168.863, 168.865, 168.866, 168.867, 168.868, 168.869, 168.870, 168.871, 168.872, 168.873, 168.874, 168.875, 168.876, 168.878, 168.879, 168.880, 168.880a, 168.881, 168.882, 168.883, 168.884, 168.887, 168.888, 168.889, 168.890, and 168.892), section 842 as amended by 2018 PA 382, sections 862 and 879 as amended by 2018 PA 128, section 863 as amended by 2012 PA 586, sections 866 and 868 as amended by 2013 PA 51, sections 867 and 881 as amended by 2018 PA 130, section 871 as amended by 2012 PA 272, and sections 874, 875, 882, and 890 as amended by 1995 PA 261, and by adding sections 861a and 883a; and to repeal acts and parts of acts.
the people of the state of michigan enact:
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Sec. 842. (1) The board of state canvassers, for the purpose of canvassing the returns and ascertaining and determining the result of an election, shall meet at the office of the secretary of state on or before the twentieth day after the election. The secretary of state shall appoint the day of the meeting and shall notify the other members of the board. The board has power to adjourn from time to time to await the receipt or correction of returns, or for other necessary purposes, but shall complete the canvass and announce their the board's determination not later than the fortieth day after the election. The board may at the time of its meeting, or an adjournment of its the board's meeting, canvass the returns for any office for which the complete returns have been received.
(2) If the unofficial election returns show that the election of electors of President and Vice President of the United States is determined by a vote differential between the first place and second place candidates for President and Vice President of the United States of less than 25,000 votes, the secretary of state shall direct the boards of county canvassers to canvass returns for electors of President and Vice President of the United States on an expedited schedule. The secretary of state may direct the boards of county canvassers to complete the statements for electors of
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President and Vice President of the United States required by section 824 and certify the statements as required by section 828 to the secretary of state by the seventh day after the election or by a date before the fourteenth day after the election.
(3) The secretary of state may appoint the day for the board of state canvassers to conduct the expedited canvass of the returns for electors of President and Vice President of the United States and determine the results of that election. The day appointed for the expedited canvass must be as soon as practicable after receipt of the returns from the boards of county canvassers, but no later than the twentieth day after the election.
(4) If any statewide primary election has an unofficial vote differential of 1,500 votes or less, the secretary of state shall direct the board of state canvassers to canvass the returns of that statewide primary election on an expedited schedule and shall appoint the day for the board of state canvassers to conduct the expedited canvass.
Sec. 861. (1) For fraudulent or illegal voting, or tampering with the ballots or ballot boxes before a recount by the board of county canvassers, the remedy by quo warranto shall remain in full force, together with any other remedies now existing.A board of canvassers is authorized to conduct postcertification recounts of election results under procedures described in this chapter, and all recounts in this state must be conducted under the procedures described in this chapter.
(2) This chapter shall be liberally construed to achieve the purpose of fair, impartial, uniform, and expeditious recounts in this state.
(3) As used in this chapter, "precinct" includes an election
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day precinct, an absent voter counting board, an election day vote center, and an early voting site.
Sec. 861a. Any proceeding intended to restrain, enjoin, modify, control, reverse, or otherwise interfere with the action of a board of county canvassers or any representative operating under the supervision of a board of county canvassers must be instituted only against the board of county canvassers and only by mandamus.
Sec. 862. A candidate for office who believes he or she that the candidate is aggrieved on account of fraud or mistake error in the canvass or returns of the votes by the election inspectors may petition for a recount of the votes cast for that office in any precinct or precincts. as provided in this chapter. The A candidate is aggrieved if the candidate must be is able to allege a good-faith belief that, but for fraud or mistake, error, the candidate would have had a reasonable chance of winning the election. If a candidate for office files a recount petition, that candidate must file that recount petition in good faith and the number of votes requested to be recounted must, at a minimum, be greater than the difference in votes between the petitioning candidate and the winning candidate.
Sec. 863. A qualified and registered elector voting in a city, township, or village election who believes there has been fraud or error committed by the inspectors of election in its canvass or returns of the votes cast at the election, upon a proposed amendment to the charter of the city or village or other ballot question submitted to the voters of the county, city, township, school district, community college district, metropolitan district, or village, may petition for a recount of the votes cast in any precinct or precincts of that county, city, township, school
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district, community college district, metropolitan district, or village, upon that proposed amendment or other ballot question as provided in this chapter.If a ballot question committee participates in an election in which there was a ballot question on the ballot and that ballot question committee believes that, but for error, the outcome of the ballot question would have been the opposite result, that ballot question committee may file a recount petition of the votes cast on that ballot question in any precinct. If a ballot question committee that participates in an election in which there was a ballot question on the ballot files a recount petition, that ballot question committee must file that recount petition in good faith and the number of votes requested to be recounted must, at a minimum, be greater than the difference between the "yes" votes and the "no" votes on the proposed ballot question. If a ballot question committee did not participate in an election in which there was a ballot question on the ballot, any elector who voted in that election may file a recount petition concerning that ballot question in the same manner as provided for a ballot question committee under this section.
Sec. 865. (1) Such A candidate petition shall for a recount must be sworn to and shall set forth as near as may be the nature of the mistakes or frauds complained of and the city, ward, township, village and precinct in which they are alleged to have occurred, and shall ask for a correction thereof.in the following form:
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CANDIDATE PETITION FOR A RECOUNT |
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I ____________________, the petitioner, reside at ___________________________, petition the __________ (state/county) board of canvassers for a recount of the votes cast for the _____________ (Office/District/Party) at the election. I am aggrieved on account of error in the canvass or returns of the votes. I have a good-faith belief that, but for error, I would have had a reasonable chance of winning the election. I am requesting a recount of sufficient votes to change the result of the election. |
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I request that the following precincts, absent voter counting board (AVCB) precincts, early voting precincts, and election day vote centers within the listed jurisdictions be recounted: |
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Precinct/AVCB Precinct/Early Voting Precinct/Election Day Vote Center Number |
Name of Jurisdiction |
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_____________________________________ |
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_____________________________________ |
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_____________________________________ |
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(List additional precincts/vote centers on the back or attach additional sheets) |
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My deposit of $________ is enclosed. |
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Signature of candidate:___________________________________ |
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Subscribed and sworn to before me this __ day of _____, 20___ |
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County:_______________ |
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Name of notary:__________________________ |
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_________________________________________ |
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(Signature of notary public) Commission expires:_____________ |
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(2) A candidate counter petition for a recount must be in the following form:
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CANDIDATE COUNTER PETITION FOR A RECOUNT |
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I ____________________, the counter petitioner, reside at ___________________________, and I counter petition the __________ (state/county) board of canvassers for a recount of the votes cast for the _____________ (Office/District/Party) at the election. |
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I request that the additional following precincts, absent voter counting board (AVCB) precincts, early voting precincts, and election day vote centers within the listed jurisdictions be recounted: |
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Precinct/AVCB Precinct/Early Voting Precinct/Election Day Vote Center Number |
Name of Jurisdiction |
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_____________________________________ |
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_____________________________________ |
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_____________________________________ |
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(List additional precincts/vote centers on the back or attach additional sheets) |
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My deposit of $________ is enclosed. |
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Signature of candidate:___________________________________ |
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Subscribed and sworn to before me this __ day of _____, 20___ |
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County:_______________ |
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Name of notary:__________________________ |
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_________________________________________ |
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(Signature of notary public) Commission expires:_____________ |
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(3) Except as otherwise provided under subsection (5), a ballot question committee petition for a recount must be in the following form:
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BALLOT QUESTION COMMITTEE PETITION FOR A RECOUNT |
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I, an authorized representative of _________________, petition the ______________ (state/county) board of canvassers for a recount of the votes cast for the _____________ (ballot question) at the ______________ election. The ballot question committee has a good-faith belief that, but for error, the result of the ballot question would have been the opposite. The ballot question committee is requesting a recount of sufficient votes to change the result of the election. |
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The ballot question committee requests that the following precincts, absent voter counting board (AVCB) precincts, early voting precincts, and election day vote centers within the listed jurisdictions be recounted: |
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Precinct/AVCB Precinct/Early Voting Precinct/Election Day Vote Center Number |
Name of Jurisdiction |
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_____________________________________ |
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_____________________________________ |
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_____________________________________ |
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(List additional precincts/vote centers on the back or attach additional sheets) |
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My deposit of $________ is enclosed. |
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Signature of ballot question committee representative: |
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____________________________ |
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Subscribed and sworn to before me this __ day of _____, 20___ |
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County:_______________ |
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Name of notary:__________________________ |
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_________________________________________ |
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(Signature of notary public) Commission expires:_____________ |
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(4) Except as otherwise provided under subsection (5), a ballot question committee counter petition for a recount must be in the following form:
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BALLOT QUESTION COMMITTEE COUNTER PETITION FOR A RECOUNT |
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I, an authorized representative of _________________, counter petition the ______________ (state/county) board of canvassers for a recount of the votes cast for the _________________ (ballot question) at the election. |
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I request that the additional following precincts, absent voter counting board (AVCB) precincts, early voting precincts, and election day vote centers within the listed jurisdictions be recounted: |
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Precinct/AVCB Precinct/Early Voting Precinct/Election Day Vote Center Number |
Name of Jurisdiction |
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_____________ |
_____________________________________ |
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_____________ |
_____________________________________ |
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_____________________________________ |
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(List additional precincts/vote centers on the back or attach additional sheets) |
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My deposit of $________ is enclosed. |
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Signature of candidate:___________________________________ |
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Subscribed and sworn to before me this __ day of _____, 20___ |
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County:_______________ |
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Name of notary:__________________________ |
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_________________________________________ |
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(Signature of notary public) Commission expires:_____________ |
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(5) The secretary of state shall modify the ballot question
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committee petition for a recount form under subsection (3) and the ballot question committee counter petition for a recount form under subsection (4) as appropriate to allow an elector to file either petition as authorized under sections 863 and 882.
Sec. 866. (1) Except as otherwise provided in subsection (2), recount petitions, either for an office or proposition, ballot question, other than those filed with the secretary of state, shall must be filed with the clerk of the board of county canvassers that originally conducted the canvass.
(2) For a school district election, recount petitions, either for an office or proposition, shall ballot question, must be filed with the clerk of the board of county canvassers that certified the result of the school district election.
(3) Recount petitions shall must be filed within 6 days after the original canvass has been completed 48 hours after the certification of the canvass by the board of county canvassers. A copy of the recount petition shall also be filed with the secretary of state within 2 days after the time the original recount petition is filed with the board of county canvassers as provided in this section.
Sec. 867. (1) A candidate or elector filing a recount petition under section 862 or 863 shall file the recount petition must be filed with the clerk of the appropriate board of county canvassers. Except as otherwise provided in this section, at the time of filing the recount petition, the petitioner shall deposit with the clerk the sum of $25.00 $50.00 for each precinct referred to in his or her the petitioner's recount petition.
(2) If 1 candidate is to be elected to the office and the official canvass of votes shows that the number of votes separating
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the winning candidate and the petitioner is more than 75 votes or 5.0% of the total number of votes cast in the race, whichever is greater, the petitioner shall deposit with the clerk the sum of $250.00 $300.00 for each precinct referred to in his or her the petitioner's recount 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.
(3) Subject to subsection (2), if 1 candidate is to be elected to the office and the official canvass of votes shows that the number of votes separating the winning candidate and the petitioner is more than 50 votes or 0.5% of the total number of votes cast in the race, whichever is greater, the petitioner shall deposit with the clerk the sum of $125.00 $250.00 for each precinct referred to in his or her the petitioner's recount 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.
(4) If more than 1 candidate is to be elected to the office and the official canvass of votes shows that the number of votes separating the winning candidate who received the least number of votes and the petitioner is more than 75 votes or 5.0% of the sum of the number of votes received by the 2 candidates, whichever is greater, the petitioner shall deposit with the clerk the sum of $250.00 $300.00 for each precinct referred to in his or her the petitioner's recount petition.
(5) Subject to subsection (4), if more than 1 candidate is to be elected to the office and the official canvass of votes shows that the number of votes separating the winning candidate who
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received the least number of votes and the petitioner is more than 50 votes or 0.5% of the sum of the number of votes received by the 2 candidates, whichever is greater, the petitioner shall deposit with the clerk the sum of $125.00 $250.00 for each precinct referred to in his or her the petitioner's recount petition.
(6) If the vote is on a ballot question and the official canvass of votes shows that the number of votes separating the "yes" votes and the "no" votes is more than 75 votes or 5.0% of the total number of votes cast on the ballot question, whichever is greater, the petitioner shall deposit with the clerk the sum of $300.00 for each precinct referred to in the petitioner's recount petition.
(7) (6) If the vote is on a proposal ballot question and the official canvass of votes shows that the number of votes separating the "yes" votes and the "no" votes is more than 50 votes or 0.5% of the total number of votes cast on the proposal, ballot question, whichever is greater, the petitioner shall deposit with the clerk the sum of $125.00 $250.00 for each precinct referred to in his or her the petitioner's recount petition.
(8) Beginning January 1, 2027 and every 4 years thereafter, the secretary of state shall adjust each deposit amount provided in subsections (1) to (7) by comparing the percentage increase or decrease in the Consumer Price Index for the preceding August by the corresponding Consumer Price Index 4 years earlier. The secretary of state shall multiply that percentage change by each deposit amount in subsections (1) to (7). The secretary of state shall round up each dollar value adjustment made to the nearest $10.00. The secretary of state shall announce the adjustments made by December 15 of each year in which an adjustment is made. As used
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in this subsection, "Consumer Price Index" means the most comprehensive index of consumer prices available for this state from the Bureau of Labor Statistics of the United States Department of Labor.
(9) (7) If, by reason of the recount, the petitioner establishes sufficient fraud or mistake as set forth in his or her recount petition error to change the result of the election, and receives a certificate of election or establishes sufficient fraud or mistake to change the result upon an amendment or proposition, the votes for and against which were recounted, the clerk of the board of county canvassers shall refund the money deposited to the petitioner. As used in this subsection, "change the result of the election" means either of the following:
(a) Elect a different candidate.
(b) Result in the opposite outcome for the ballot question.
(10) (8) If a refund is not made as required under subsection (7), (9), the sum deposited must be paid by the clerk of the board of county canvassers to the treasurer of the county.
(11) (9) If a precinct referred to in the petition is determined "not recountable" as provided in section 871(3) or, subject to subsection (10), (12), if a precinct referred to in the petition is not recounted due to the withdrawal of the petition, the money deposited for the recount of that precinct must be refunded to the petitioner.
(12) (10) If the votes cast on the ballots voted in a precinct have been examined and recounted, the withdrawal of the petition must not result in a refund of the money deposited for the recount of that precinct.
Sec. 868. (1) If a candidate has filed petitioner files a
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recount petition and made makes the deposit under sections 862 and 867, the clerk of the board of county canvassers shall give notice of the recount petition to the opposing candidates described in this subsection or ballot question committees within 24 hours after the filing of the recount petition by delivering emailing to each candidate or ballot question committee a copy of the recount petition. , or, if the candidate cannot be found, by leaving a copy at the candidate's last known place of residence with a member of the candidate's immediate family of suitable age. If a member of the candidate's family cannot be found, the clerk of the board of county canvassers may give notice by posting the recount petition in a conspicuous place at the candidate's last known place of residence. The clerk of the board of county canvassers is not required to give notice to candidates other than the 2 candidates who, according to the return of the board of county canvassers, received the lowest number of votes among those candidates who were nominated or elected, and the 2 candidates who, according to the return of the board of county canvassers, received the highest number of votes among those candidates who were not nominated or elected.
(2) A candidate or ballot question committee may file a counter petition in the same manner as the original petition under section 866 within 48 hours after the original recount petition was filed with the board of county canvassers. At the time of filing the counter petition, the counter petitioner shall deposit the sum of money as required in section 867. for the original petitioner. The clerk of the board of county canvassers shall refund to the counter petitioner the money deposited by the counter petitioner if the original petitioner does not establish fraud or receive a
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certificate of election. The counter petitioner shall file a copy of the counter petition with the secretary of state within 4 days after the time the original petition is filed with the appropriate board of county canvassers as provided in this section.recount does not change the result of the election. If a ballot question committee does not participate in an election in which a ballot question is on the ballot, any elector who voted in that election may file a recount counter petition in the same manner as provided for a ballot question committee under this section.
(3) On or before 4 p.m. of the seventh day Not later than 48 hours after a recount petition has been filed under section 866, an opposing candidate may file objections to the recount petition with the appropriate board of county canvassers. The opposing candidate shall set forth his or her the objections to the recount petition in writing. Upon receipt of an objection under this subsection, the board of county canvassers shall notify the petitioner and the objecting candidate of the date of the hearing of the board of county canvassers to consider the objections. The board of county canvassers shall allow the recount petitioner and the objecting candidate to present oral or written, or both, arguments on the objections raised to the recount petition at the hearing. Not later than 5 business days following the hearing, the board of county canvassers shall rule on the objections raised to the recount petition. The board of county canvassers shall not begin a recount unless 2 or more business days have elapsed since the board of county canvassers ruled on the objections under this subsection, if applicable.
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Sunday, or legal holiday, the recount petition or counter recount petition may be filed on the next succeeding business day. Failure of the clerk of the board of county canvassers or the secretary of state to give notice to the opposing candidate or ballot question committee as required in this section shall does not affect the results of the recount.
(5) A candidate, ballot question committee, or elector may withdraw a recount petition or counter recount petition at any time.
Sec. 869. Upon the filing of a petition for recount, and the giving of notice, if notice is required to be given, the board of county canvassers shall be summoned by the clerk of the board and here make an investigation of the facts set forth in the petition. Should the recount involve a county or district office or proposition, the A recount shall must not be commenced until the board shall determine of county canvassers determines, by communicating with the secretary of state in a form and manner as provided by the secretary of state, that no a petition has not been filed requesting a recount by the board of state canvassers of ballots cast in the same district. In case said board shall be If the board of county canvassers is advised by the secretary of state that a petition has been filed with him the secretary of state praying for a recount by the board of state canvassers of the ballots cast in the same county or district, then no action shall must be taken upon on the recount until the county board shall receive of county canvassers receives instructions from the board of state canvassers. Nothing herein contained in this section shall act to delay any recount of the ballots cast at any city, ward, township, or village election if the ballots cast at such that
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election are not sealed in the same ballot boxes containers with the state and county offices. With respect to For any recount of ballots cast in any city, ward, township, village, school, or district election, the board of county canvassers shall charge the appropriate local unit the actual and necessary expenses of conducting the recount, and the local unit shall pay such those charges to the county treasurer.
Sec. 870. (1) For the purpose of such investigation, the clerk, if no meeting be already appointed, shall call a meeting of such board of canvassers and the said board shall have power to issue subpoenas requiring the person The individual in charge thereof to bring before it of the ballot boxes used in the election containers for each precinct or precincts referred to in the recount petition, as well as the poll lists, tally sheets, statements of returns and such other documents or reports as may be deemed the individual in charge of any other election materials that are considered necessary, . Said shall bring those ballot containers and election materials to the board of county canvassers as requested by the board. The board shall safely guard such the ballots, poll lists, tally sheets and returns ballot containers, and other election materials, and when those are no longer required, shall deliver them return those ballots, ballot containers, and other election materials to the officials charged with the custody thereof. Whoever, being so individuals in charge of those ballots, ballot containers, and other election materials.
(2) If an individual in charge of ballots, ballot containers, or election materials fails to deliver those ballots, ballot containers, or election materials to the board of canvassers, the board of canvassers may subpoena that individual to compel delivery
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of those ballots, ballot containers, or election materials. If an individual is subpoenaed , shall fail and fails to appear or shall fail fails to produce any such box, shall be deemed requested ballots, ballot containers, or election materials, that individual is guilty of a misdemeanor.
(3) The persons individuals who are required to appear before the board of canvassers shall be paid the same fees and mileage as are paid circuit court witnesses in the county. They shall be paid by the political subdivision before whose board of canvassers they appear.
Sec. 871. (1) The board of canvassers conducting a recount pursuant to this chapter shall recount all ballots of a precinct using an electronic voting system unless 1 or more of the following circumstances exist:
(a) The Except as otherwise provided under subsection (2), the seal on the transfer case or other ballot container is broken or bears a different number than that recorded on the poll book, ballot container certificate, or statement of results, the breaking or discrepancy is not explained to the satisfaction of the board of canvassers, and security of the ballots has not been otherwise preserved.
(b) The Except as otherwise provided under subsection (2), the number of ballots to be recounted and the number of ballots issued on election day or during the early voting process as shown on in the poll list book, the number of ballots tabulated as shown on the tabulator tape, or the computer printout number of ballots cast as shown by the county canvass, do not match and the difference is not explained to the satisfaction of the board of canvassers.
(c) The seal used to seal the ballot label assembly to a
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voting device in the precinct is broken or bears a different number than that recorded in poll records and the ballot labels or rotation of candidates' names is different than that shown by other voting devices in the precinct and records of the board of election commissioners.Except as otherwise provided under subsection (2), the ballot container in which the ballots are stored was not approved by the board of county canvassers before the election. The board of canvassers shall maintain a list of unapproved ballot containers and notify the appropriate clerk and the secretary of state of those unapproved ballot containers.
(2) This section does not prohibit the recounting of absent voter ballots tallied in a precinct using an absent voter counting board or in a precinct in which 1 or more voting machines are recountable, if the absent voter ballots are securely packaged and sealed.If a board of canvassers conducting a recount under this chapter determines that the ballots of a precinct are not eligible for recount under subsection (1)(a) or (b), the board of canvassers conducting that recount may still conduct the recount if a satisfactory explanation in a sworn affidavit, in a form as prescribed by the department of state, is provided to the board of canvassers. The secretary of state shall prepare and issue instructions for a board of canvassers to follow when determining if an explanation in a sworn affidavit is satisfactory under this subsection. If a board of canvassers conducting a recount under this chapter determines that the ballots of a precinct are not eligible for recount under subsection (1)(c), the board of canvassers conducting that recount may still conduct the recount if the board of canvassers determines that the unapproved ballot container was properly sealed and the container is intact so that
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ballots could not have been added to or removed from the ballot container.
(3) If a board of canvassers conducting a recount pursuant to this chapter determines that the ballots of a precinct are not eligible for recount, under this section, the original return of the votes for that precinct shall must be taken as correct.
(4) A board of canvassers conducting a recount pursuant to this chapter may conduct a recount by the following means:
(a) A manual tally of the ballots.
(b) A tabulation of the ballots on a computer an electronic voting system using a software application designed to specifically count only the office or ballot question subject to the recount.
(c) A tabulation of the ballots on a computer an electronic voting system using the same software application used in the precinct on election day.
(d) Any combination of methods in subdivision (a), (b), or (c), as determined appropriate by the board of canvassers.
(5) If a board of canvassers conducting a recount pursuant to this chapter intends to conduct a recount on a computer, an electronic voting system, the board of canvassers shall must first test the software application by use of a test deck to determine if the program accurately counts the votes for the office or ballot question subject to the recount. If the test under this subsection fails to show that the software application accurately counts the votes for the office or ballot question subject to the recount, the board of canvassers shall must use another means prescribed in subsection (4) to conduct the recount.
Sec. 872. Whenever a petition has been filed for a recount by any person conceiving himself aggrieved on account of any fraud,
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wrongdoing or violation of the law perpetrated or committed by any election inspector or inspectors or any other person in respect to said election for which said recount has been petitioned, in any primary or election, and If it shall appear appears to the board of canvassers having jurisdiction over said conducting a recount that there is probably probable cause to believe that there has been fraud, wrongdoing, or a violation of the law in with respect to said the election for which said the recount has been petitioned, the said board of canvassers shall make full and complete investigation of the same. Said canvassers shall have full power and authority to subpoena witnesses and to open any ballot box, regardless of the condition in which the same may be found, and may break open, if sealed, the seal thereon and examine the ballots contained therein. If, after the investigation, said board has good reason to believe that any fraud, wrongdoing or a violation of the law has been committed in respect to said election, then said board of canvassers shall forthwith as soon as practicable make a written report of their the board's findings to the prosecuting attorney and to the circuit judge or judges of the county where the petitioner resides if it be is a county, city, township, or village, or other election, and to the attorney general and to the circuit judge of the county of Ingham secretary of state if it be is a district or state election. Said The secretary of state shall receive all written reports required under this section. The reports shall must be signed by each of the members of the board of canvassers having jurisdiction of said the recount, or by a majority thereof. Pending the of the members of the board of canvassers having jurisdiction of the recount. After making of such the report, the board of canvassers having jurisdiction of such the
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recount shall carefully preserve and safeguard the ballot boxes containers and the ballots contained therein in the ballot containers until an order of the court, to which said report was submitted, is made authorizing the disposition of the same. Any action taken in such investigation shall not preclude any official recount of the ballots cast at any such election, if otherwise allowed by the general election laws. The powers of investigation referred to in this section shall terminate with the completion of the recount.directed by the prosecuting attorney or the attorney general.
Sec. 873. Any officer, assistant, clerk or employee engaged in the conduct of a recount individual who shall wilfully commit any act which shall interfere willfully interferes with a fair and impartial recount of the votes cast for a contested office, amendment or proposition shall be deemed or activities relating to a recount is guilty of a felony. and subject to the penalties thereof.
Sec. 874. (1) Pursuant to this chapter, the The board of canvassers conducting the recount shall reject all previous returns from the precincts, townships, or wards, except the returns from a precinct that cannot be recounted as to that candidate or ballot question pursuant to under section 871. In a public place where the candidates or persons interested ballot question committees participating in the ballot question and their counsel may be present, if they so desire, the board of canvassers shall proceed in the manner prescribed in section 871. If applicable, the The board of canvassers shall open the ballot boxes containers from the precincts , townships, or wards, and the rolls or packages of ballots in the ballot boxes, and to make a recount of the ballots
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as to the candidates or ballot question. Upon On completion of the recount, the board of canvassers shall make a full, complete, and correct return in writing, showing the full number of votes given to each candidate, or the total number of votes cast for and against any ballot question. , written out in words and figures.
(2) The board of canvassers shall conduct the recount so that the complete procedure may be observed and noted by the candidates or persons interested ballot question committees participating in the ballot question, their counsel, and not to exceed 1 watcher and 1 tallier 2 individuals at each table to check the work of the recount clerks. The secretary of state shall develop instructions consistent with this act for conducting a recount. pursuant to this subsection. All Except as otherwise provided in subsection (3), all votes cast, whether for candidates or ballot questions, shall must be recounted in the following manner:
(a) The ballots from any given precinct shall first be counted and the total compared with the number of ballots issued on election day as shown on the poll list. If the first count of the number of ballots and the number of ballots issued on election day as shown on the poll list do not match, the ballots from that precinct shall be counted a second time and the total compared with the number of ballots issued on election day as shown on the poll list. If the second count of the number of ballots and the number of ballots issued on election day as shown on the poll list do not match, those ballots shall not be recounted as provided in section 871. If the second count of the number of ballots and the number of ballots issued on election day as shown on the poll list match, the ballots from that precinct shall be counted a third time and the total compared with the number of ballots issued on election day as
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shown on the poll list. If the third count of the number of ballots and the number of ballots issued on election day as shown on the poll list do not match, those ballots shall not be recounted as provided in section 871.
(b) If the first count described in subdivision (a) or the second and third counts described in subdivision (a) match the number of ballots issued on election day, the ballots shall be placed face up on the table and 1 One recount clerk shall call the votes for each candidate or ballot question involved in the recount.
(b) (c) Two tally clerks shall simultaneously record the called votes on forms provided for that purpose.
(3) A recount may be conducted in an alternative manner other than provided under subsection (2) if that alternative manner is approved by the board of state canvassers.
(4) (3) The candidates or persons interested ballot question committees participating in the ballot question, their counsel, watchers, and talliers shall and those other individuals as described under subsection (2) must be allowed to observe each ballot as it is called, challenge the tabulation of a ballot, and to take notes as they desire desired for their own records. recordkeeping purposes. The board of canvassers shall identify by an exhibit number a ballot counted or rejected under protest, challenge, keep a record of the protest, challenge, and proceed as required under section 871a.make a decision on all challenges before the conclusion of the recount.
Sec. 875. All recounts shall must be completed for a primary election not later than the twentieth day and for any other election not later than the thirtieth day immediately following the
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last day for filing counter petitions. or the first day that recounts may lawfully begin. As soon as the recount is completed, the board shall return any ballots to their the respective containers and seal the containers. The board shall then return the ballots , voting devices, machines, any related keys, and seals and election materials to the officer or officers individuals having the care and custody of those items.
Sec. 876. The returns made by the said a board of canvassers upon recount shall be deemed are considered to be correct, notwithstanding anything in the previous returns from such the city, township, ward, or precinct to the contrary. Notwithstanding: Provided, however, That However, if the person petitioning for such a recount shall withdraw his withdraws the recount petition or discontinue discontinues the recount before the completion thereof, recount is complete, then in such event the original return shall be deemed to be is considered correct regardless of any change shown by the recount at the time of the withdrawal of the petition or the discontinuance of such the recount. : Provided further, That the The final report on the results of any recount shall must be open to made public. inspection immediately following its certification by the board of canvassers.
Sec. 878. (1) Nothing in the following sections of this chapter contained shall be construed to repeal any action or remedy which may now exist by reference of any controversy to the courts, except that any The certification of any election result by the board of state canvassers is final and subject only to either of the following:
(a) A postcertification recount of the votes cast in that election that is supervised by the board of state canvassers under
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procedures described in this chapter.
(b) A postcertification court order.
(2) Unless otherwise provided by law, any recount conducted under the direction, supervision, and control of the board of state canvassers must be conducted in the same manner as provided in this chapter for a recount conducted by a board of county canvassers.
(3) Any proceeding intended to restrain, enjoin, modify, control, reverse, or otherwise interfere with the action of the board of state canvassers , the board of county canvassers or any other representative operating under the supervision of the board of state canvassers operating under the provisions of the following sections of this chapter, shall must be instituted only against the board of state canvassers and only by no other action than mandamus.
Sec. 879. (1) A Subject to subsection (2), a candidate voted for at a primary or an election for an office may petition the board of state canvassers for a recount of the votes if all of the following requirements are met:
(a) The office is an office for which the votes are canvassed by the board of state canvassers under section 841 or is the office of Representative in Congress, state representative, or state senator for a district located wholly within 1 county.
(b) The petition alleges that the candidate is aggrieved on account of fraud or mistake in the canvass of the votes by the inspectors of election or the returns made by the inspectors of election, or by a board of county canvassers or the board of state canvassers. The candidate must be able to allege a good-faith belief that but for fraud or mistake, the candidate would have had a reasonable chance of winning the election. The petition must
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contain specific allegations of wrongdoing only if evidence of that wrongdoing is available to the petitioner. If evidence of wrongdoing is not available, the petitioner is only required to allege fraud or a mistake in the petition without further specification.candidate meets the requirements under section 862.
(c) Except as otherwise provided in this subdivision, the The petition for a recount is filed not later than 48 hours following the completion of the canvass of votes cast at an election. If the recount petition relates to a state senatorial or representative district located wholly within 1 county or to the district of a Representative in Congress located wholly within 1 county, the petition for a recount must be filed not later than 48 hours following the adjournment of the meeting of the board of state canvassers at which the certificate of determination for that office was recorded under section 841. However, for a special election for Representative in Congress, state senator, or state representative for a district located wholly within 1 county, the petition for recount must be filed not later than 48 hours after the certificate of determination is filed with the secretary of the board of state canvassers.adjournment of the meeting of the board of state canvassers under section 842.
(d) The petition is presented to and filed with the secretary of state.
(e) The petition is written or printed and is signed and sworn to by the candidate.
(f) The candidate uses the petition sets forth as nearly as possible the nature and character of the fraud or mistakes alleged and the counties, cities, or townships and the precincts in which they exist.form required under section 865(1).
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(g) The petition specifies the counties, cities, townships, and precincts in which the recount is requested.
(h) If the office is the office of state representative, a copy of the petition is filed with the clerk of the house of representatives. If the office is the office of state senator, a copy of the petition is filed with the secretary of the senate.
(2) If a state senatorial race is determined by a vote differential of 500 votes or less or a state representative race is determined by a vote differential of 200 votes or less, the chairperson of a state political party may petition for a recount of the votes on behalf of a candidate in that race in the manner prescribed in subsection (1). Notwithstanding subsection (1)(b) and (f), the petition filed under this subsection need not allege fraud or mistake. Notwithstanding subsection (1)(e), the petition must be signed by the chairperson of the state political party filing the petition. under this subsection.
(3) The ballots in a precinct petitioned for recount in a legislative contest must be recounted for that office by the board of state canvassers and must be preserved until the contest is disposed of under the rules of the legislative body that takes office beginning in January following the contested general election. In legislative recounts of a special general election, ballots in a precinct petitioned for recount must be preserved until the contest is disposed of under the rules of the legislative body serving at the time the report in subsection (4) is filed.
(3) (4) Upon On the completion of a recount for a federal or state legislative office, the board of state canvassers, in addition to the certification required by section 892, shall forward to the appropriate federal or state legislative body a
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report of the results of the recount.
(4) (5) This section does not limit the authority of the legislature under section 16 of article IV of the state constitution of 1963.
Sec. 880. Any elector in this state who believes that there has been fraud or error committed by the inspectors of election in the return made by said inspectors or of any county canvassing board in the canvass of votes cast upon the question of a proposed amendment to the constitution or any other question or proposition, the votes for which are canvassed by the board of state canvassers, If a ballot question committee that participates in a statewide ballot question believes that, but for error, the outcome of the ballot question would have been the opposite, that ballot question committee may, not later than 2 days after final certification and determination by the adjournment of the meeting of the board of state canvassers, of the canvass of votes cast at an election, present to and file with the secretary of state a written or printed recount petition. which shall be sworn to by the elector presenting the same and which shall set forth as nearly as may be the nature and character of the fraud or error of which the complaint is made and the counties, cities or townships or the precincts thereof in which it is believed that the fraud or error occurred, and such petition shall contain a prayer that a correction thereof be made by a recount of the votes cast therein.The ballot question committee must use the form as required under section 865(3). A ballot question committee must file a recount petition in good faith and the number of votes requested to be recounted must, at a minimum, be greater than the difference between the "yes" votes and the "no" votes on the ballot question.
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Sec. 880a. (1) A recount of all precincts in the this state shall must be conducted at any time a statewide primary or election, shall be other than a statewide primary election, is certified by the board of state canvassers as having been determined by a vote differential of 2,000 votes or less. This section shall does not apply to partisan offices to which more than 1 person individual is to be elected.
(2) A recount of all precincts in this state must be conducted at any time a statewide primary election is certified by the board of state canvassers as having been determined by a vote differential of 700 votes or less. This section does not apply to partisan offices to which more than 1 individual is to be elected.
(3) A recount of all precincts in a state senate district must be conducted at any time a state senate election, other than a state senate primary election, is certified by the board of state canvassers as having been determined by a vote differential of 75 votes or less.
(4) A recount of all precincts in a state representative district must be conducted at any time a state representative election, other than a state representative primary election, is certified by the board of state canvassers or a board of county canvassers as having been determined by a vote differential of 25 votes or less.
(5) (2) If the election is an election involving involves candidates, the board of state canvassers forthwith shall, as soon as practicable, notify all candidates whose vote could be affected by the recount that a recount shall must be conducted and of the time and place the board of state canvassers will meet to determine recount procedures.
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(6) (3) If the election involves a proposition, ballot question, the board of state canvassers shall, meet on the seventh day following certification at the office of the secretary of state for the purpose of determining procedures. Persons as soon as practicable, notify each ballot question committee that participated in the election that a recount must be conducted and of the time and place the board of state canvassers will meet to determine recount procedures. Individuals or groups interested in being authorized to have challengers and or observers at the recount shall petition the board of state canvassers at that meeting to be considered interested parties for such this purpose. The board of state canvassers at that meeting shall determine which persons individuals or groups shall be are considered interested parties for the recount of the proposition.ballot question.
Sec. 881. (1) A person petitioner filing a recount petition under section 879 or 880 shall file the petition with the state bureau of elections. Except as otherwise provided in this section, at the time of filing the petition, the petitioner shall deposit the sum of $25.00 $50.00 for each precinct in which a recount of the votes is demanded in cash or by check or other negotiable instrument made payable to the state of Michigan.
(2) If 1 candidate is to be elected to the office and the official canvass of votes shows that the number of votes separating the winning candidate and the petitioner is more than 75 votes or 5.0% of the total number of votes cast in the race, whichever is greater, the petitioner shall deposit with the state bureau of elections the sum of $250.00 $300.00 for each precinct referred to in his or her the petitioner's recount petition. For purposes of this subsection, the winning candidate in a primary for a
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nonpartisan office where only 1 candidate will be elected means the candidate nominated with the lesser number of votes.
(3) Subject to subsection (2), if 1 candidate is to be elected to the office and the official canvass of votes shows that the number of votes separating the winning candidate and the petitioner is more than 50 votes or 0.5% of the total number of votes cast in the race, whichever is greater, the petitioner shall deposit with the state bureau of elections the sum of $125.00 $250.00 for each precinct referred to in his or her the petitioner's recount 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.
(4) If more than 1 candidate is to be elected to the office and the official canvass of votes shows that the number of votes separating the winning candidate who received the least number of votes and the petitioner is more than 75 votes or 5.0% of the sum of the number of votes received by the 2 candidates, whichever is greater, the petitioner shall deposit with the state bureau of elections the sum of $250.00 $300.00 for each precinct referred to in his or her the petitioner's recount petition.
(5) Subject to subsection (4), if more than 1 candidate is to be elected to the office and the official canvass of votes shows that the number of votes separating the winning candidate who received the least number of votes and the petitioner is more than 50 votes or 0.5% of the sum of the number of votes received by the 2 candidates, whichever is greater, the petitioner shall deposit with the state bureau of elections the sum of $125.00 $250.00 for each precinct referred to in his or her the petitioner's recount
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petition.
(6) If the vote is on a ballot question and the official canvass of votes shows that the number of votes separating the "yes" votes and the "no" votes is more than 75 votes or 5.0% of the total number of votes cast on the ballot question, whichever is greater, the petitioner shall deposit with the state bureau of elections the sum of $300.00 for each precinct referred to in the petitioner's recount petition.
(7) (6) If the vote is on a proposal ballot question and the official canvass of votes shows that the number of votes separating the "yes" votes and the "no" votes is more than 50 votes or 0.5% of the total number of votes cast on the proposal, ballot question, whichever is greater, the petitioner shall deposit with the state bureau of elections the sum of $125.00 $250.00 for each precinct referred to in his or her the petitioner's recount petition.
(8) Beginning January 1, 2027 and every 4 years thereafter, the secretary of state shall adjust each deposit amount provided in subsections (1) to (7) by comparing the percentage increase or decrease in the Consumer Price Index for the preceding August by the corresponding Consumer Price Index 4 years earlier. The secretary of state shall multiply that percentage change by each deposit amount in subsections (1) to (7). The secretary of state shall round up each dollar value adjustment made to the nearest $10.00. The secretary of state shall announce the adjustments made by December 15 of each year in which an adjustment is made. As used in this subsection, "Consumer Price Index" means the most comprehensive index of consumer prices available for this state from the Bureau of Labor Statistics of the United States Department of Labor.
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(9) (7) If, by reason of the recount, the petitioner establishes fraud or mistake as set forth in his or her petition and receives a certificate of election or establishes sufficient fraud or mistake sufficient error to change the result upon an amendment or proposition, the votes for and against which were recounted, of the election, the state bureau of elections shall refund the money deposited to the petitioner. The secretary of state shall refund the money deposited to a petitioner who is a chairperson of a state political party if the results of the race for which a recount was petitioned for under section 879 are changed. If a refund is not made as required by this section, then the secretary of state shall pay to the treasurer of each county its proportionate share of the deposit based upon on the number of precincts in the county in which the votes were recounted. As used in this subsection, "change the result of the election" means either of the following:
(a) Elect a different candidate.
(b) Result in the opposite outcome for the ballot question.
(10) (8) If a precinct referred to in the petition is determined "not recountable" as provided in section 871(3) or, subject to subsection (9), (11), if a precinct referred to in the petition is not recounted due to the withdrawal of the petition, the money deposited for the recount of that precinct must be refunded to the petitioner.
(11) (9) If the votes cast on the ballots voted in a precinct have been examined and recounted, the withdrawal of the petition must not result in a refund of the money deposited for the recount of that precinct.
Sec. 882. (1) If a candidate petitioner has filed a recount
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petition and paid the deposit under sections 879 and 881, the secretary of state shall give notice of the recount petition to each opposing candidate or participating ballot question committee within 48 24 hours after the filing of the petition by delivering to each candidate or ballot question committee a copy of the recount petition. , or, if the candidate cannot be found, by leaving a copy at the candidate's last known place of residence with a member of the candidate's immediate family of suitable age. If a member of the candidate's family cannot be found, the secretary of state may give notice by posting the recount petition in a conspicuous place at the candidate's last known place of residence.
(2) A candidate or ballot question committee may file a counter petition in the same manner as the original petition under section 881 not later than 4 p.m. of the seventh day 48 hours after the original recount petition has been filed with the secretary of state. At the time of filing the counter petition, the counter petitioner shall deposit the sum of money as required in section 881 for the original petitioner. The secretary of state shall refund to the counter petitioner the money deposited by the counter petitioner if the original petitioner does not establish fraud or receive a certificate of election.recount does not change the result of the election. If a ballot question committee does not participate in an election in which a ballot question is on the ballot, any elector who voted in that election may file a recount counter petition in the same manner as provided for a ballot question committee under this section.
(3) On or before 4 p.m. of the seventh day Not later than 48 hours after a an original recount petition has been is filed under
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section 881, an opposing candidate may file objections to the recount petition with the board of state canvassers. The opposing candidate shall set forth his or her the objections to the recount petition in writing. Upon receipt of an objection under this subsection, the board of state canvassers shall notify the petitioner and the objecting candidate of the date of the hearing of the board of state canvassers to consider the objections. The board of state canvassers shall allow the recount petitioner and the objecting candidate to present oral or written, or both, arguments on the objections raised to the recount petition at the hearing. Not later than 5 business days following the hearing, the board of state canvassers shall rule on the objections raised to the recount petition. The board of state canvassers shall not begin a recount unless 2 or more business days have elapsed since the board ruled on the objections under this subsection, if applicable.
(4) If the time designated for filing a recount petition or counter recount petition falls on a Saturday, Sunday, or legal holiday, the recount petition or counter recount petition may be filed on the next succeeding business day. Failure of the secretary of state to give notice to the opposing candidate or ballot question committee as required in this section does not affect the results of the recount.
(5) A candidate, ballot question committee, or elector may withdraw a recount petition or counter recount petition at any time.
Sec. 883. The secretary of state, upon receipt of any such petition for recount, shall immediately notify the county clerk of each county in which are located any precincts included in such the petition for recount that a petition for such recount by the board
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of state canvassers has been filed and the ballots for such the precincts shall must be carefully preserved. Ballots and boxes shall ballot containers must remain in the possession of city or township clerks until requisitioned by the canvass board. The board of state canvassers, at as early a date as possible after the receipt of such petition and the deposit required, shall investigate the facts set forth in said petition and cause a recount of the votes cast in the several precincts included in the petition.
Sec. 883a. If a proper challenge is raised by a candidate or a ballot question committee that participated in a ballot question during a recount being conducted by the board of state canvassers, a member of the board of state canvassers, or other representative designated by the board of state canvassers under section 890, shall resolve that challenge before the recount is completed in that county. A candidate or ballot question committee that participated in a ballot question that is involved in the recount and that disagrees with the resolution of the challenge may petition the board of state canvassers for a de novo review of the challenge. The candidate or ballot question committee shall file a petition disagreeing with the resolution of a challenge not later than 48 hours after the board of state canvassers gives notice that the recount has been completed to the candidates or ballot question committees. Upon receiving a petition disagreeing with the resolution of a challenge, the board of state canvassers shall notify all candidates and ballot question committees involved in the recount of the date of the meeting of the board of state canvassers to consider the petition. The board of state canvassers shall allow the candidates and ballot question committees involved
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in the recount to present oral or written, or both, arguments on the challenge at the meeting. The board of state canvassers shall rule on the challenge at that meeting.
Sec. 884. The boards of county canvassers shall employ such assistants and clerks as shall be deemed are considered necessary for the conduct of any such conducting a recount.
Sec. 887. Any officer, assistant, clerk or employee engaged in the conduct of a recount individual who shall wilfully commit any act which shall interfere willfully interferes with a fair and impartial recount of the votes cast for a contested office, amendment or proposition shall be deemed or activities of a recount is guilty of a felony. and subject to penalties thereof.
Sec. 888. The board of state canvassers shall have has the right and authority to demand and cause the ballot boxes, poll books, tally sheets, the statement of votes ballots and election materials returned in connection with any such election, and such any other documents and reports as may be deemed are considered necessary, to be brought before the several boards of county canvassers, and shall order that a concurrent recount of the votes upon be conducted for any office or proposition ballot question petitioned for under the provisions of sections 861 et seq. hereof, where such sections 861a to 876, if the votes appear upon on the same ballots as those which are to be recounted by the board of state canvassers. , be conducted, which The concurrent recount shall must be under the exclusive jurisdiction and control of the said board of state canvassers. All ballots , poll lists, tally sheets, returns and reports shall and election materials must be safely guarded and when no longer required shall must be delivered to the officials individuals charged with the care and custody
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thereof.of those items.
Sec. 889. All recounts provided for in under sections 878 et seq. of this act shall to 894 must be conducted in the several counties wherein the votes to be counted were cast by the respective boards of county canvassers, in each of the several counties, subject to the direction, supervision, and control of the said board of state canvassers. The said board of state canvassers shall prescribe the time and the place in each county where the recount of any votes shall must be conducted, which recount shall must be in public. Said The board of state canvassers shall provide each board of county canvassers with such rules and regulations as that in the opinion of the said board of state canvassers shall be are necessary to conduct such the recount in a fair, impartial, and uniform manner. in the said several counties. Observance of such the rules and regulations shall must be enforced by said the board of state canvassers or its the board's representatives. hereinafter provided for.
Sec. 890. It is not necessary for all of the members of the board of state canvassers to be present in order to direct, supervise, or control the recount in a conducted by a board of county canvassers. A member of the board of state canvassers or state officer, state employee, or member of the board of county canvassers may direct, supervise, and control the recount if designated by the board of state canvassers, so that fairness, impartiality, and uniformity in the conduct of the recount may be obtained and the result of the election recount determined at the earliest possible moment. time. A member of the board of state canvassers or other representative designated by the board of state canvassers under this subsection has the same authority as the
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board of state canvassers to enforce and carry out the rules and regulations provided for the recount by the board of state canvassers.
Sec. 892. Whenever a recount in any county shall be completed, it shall be the duty of the county The boards of county canvassers to shall immediately return forthwith the results of such the recount to the board of state canvassers. , which The board of state canvassers shall compile said the returns and certify the result. The returns made by the said boards of county canvassers of any recount shall be deemed are considered to be correct, notwithstanding anything in the previous return of any board of election inspectors or any county canvassing board to the contrary. notwithstanding. The final report on the results of any recount shall must be open to public inspection immediately following its certification by the board of state canvassers.
Enacting section 1. Sections 871a, 877, 885, 886, and 891 of the Michigan election law, 1954 PA 116, MCL 168.871a, 168.877, 168.885, 168.886, and 168.891, are repealed.
