Michigan Recount Laws

This information was initially released on October 21, 2010.

Voting System Used: 

Paper ballot (optical scanner) For more details, visit Verified Voting.

 

Counting Method: 

Mix of recount and retabulation Counting method chosen by election official Michigan election law gives the County Board of Canvassers, when recounting only local offices, the choice to do either a manual recount or a retabulation.  The rules promulgated for the State Board of Canvassers instruct them to conduct only manual recounts, which includes the County Board of Canvassers working under their supervision in multi-county state districts, e.g races for Congress, State Senator, State Rep., and Court of Appeals judges. See the State Board of Canvassers rules for Conduct of Election Recounts. See the Michigan Administrative Code, Department of State:,Board of State Canvassers, “Conduct of Election Recounts” (Rules 168.901-168.930): http://www.state.mi.us/orr/emi/admincode.asp?AdminCode=Single&Admin_Num=...

Initiating Mechanism: 

Close vote margin Candidate-initiated Voter-initiated

Close Vote Margin: 

Vote count difference (not percentage-based) Recounts initiated by a close vote margin are mandated only at the statewide level, both for initiatives as well as for candidates in any primary or election, except for partisan offices in which more than one person is elected. See Section 168.880a, “Recount of votes; grounds; notice to candidates; elections involving propositions procedures”: http://legislature.mi.gov/doc.aspx?mcl-168-880a. The margin is set at 2,000 votes, no matter the number of votes cast in the election. Given that it affects only statewide offices, this is a very slim margin, and it has been little used. As far as we were able to determine, a close vote margin statewide recount has not been initiated in more than 40 years. Timing: We found no timing requirements regarding when the recount must begin or be finished in the Michigan Compiled Laws or the Michigan Administrative Code.

Candidate-Initiated Options: 

Close vote margin required Candidate determines how many/which precincts to recount Party official may petition for candidate Any candidate at the county, city, township or village level may apply for a recount of one or multiple precincts with the appropriate canvassing board. See Section 168.862, “Fraud or mistake in canvass or returns of votes; recount petition by candidate”: http://legislature.mi.gov/doc.aspx?mcl-168-862. Any candidate for a statewide office may apply for a recount of any or all counties and precincts with the State Canvassing Board. However, presidential primary candidates are explicitly excluded. See Section 168.879, “Petition for recount; requirements; petition by state political party chairperson; recount and preservation of ballots; report; authority of legislature”: http://legislature.mi.gov/doc.aspx?mcl-168-879. For state senatorial and representative offices, there is a close vote margin requirement. For these offices only, if the vote margin is less than 500 votes for senatorial contests and less than 200 votes for representative contests, the state political party chair is eligible to apply for a recount. See Section 168.879, Subsection (2). Timing: For statewide recounts, a petition must be filed within 48 hours after certification of the election results. For all other recounts, a petition must be filed within six days after certification of the election results.

Voter-Initiated Options: 

Voters may request recounts for initiatives/questions Any individual voter may request a recount on ballot questions, propositions, or charter and constitutional amendments, at the state, county, city, township, school district, community college district, or village, level. For voter-initiated statewide recounts, see Section 168.880, “Recount of votes; petition by elector on constitutional amendment or question, deadline, contents”: http://legislature.mi.gov/doc.aspx?mcl-168-880. For all other voter-initiated recounts, see Section 168.863, “Fraud or error as to proposed charter amendment or other ballot question; recount petition by elector”: http://legislature.mi.gov/doc.aspx?mcl-168-863. Timing: Recount requests must be made within two days after final certification of the election results for statewide recounts, and within six days after the initial canvass for all other recounts.

Cost for Candidate-Initiated Recounts: 

Initiator pays per set or jurisdiction fee Initiator pays deposit or bond before recount Payer of costs depends on outcome of recount For most recounts, candidates, like voters, must pay a $10 per precinct deposit when they petition for a recount. The entire deposit is refunded if the recount alters the results of the elections. See Section 168.867, “Recount petition; deposit; refund; disposition of sum deposited”: http://legislature.mi.gov/doc.aspx?mcl-168-867. However, for recounts conducted by the County Board of Canvassers under the direction of the State Board of Canvassers as part of a multi-county or statewide recount, the county pays the full cost of the recount. See Section 168.894, “Recounts in counties; expenses, payment”: http://legislature.mi.gov/doc.aspx?mcl-168-894.

Cost for Voter-Initiated Recounts: 

Initiator pays set or per jurisdiction fee Initiator pays deposit or bond before recount Payer of costs depends on outcome of recount For most recounts, voters, like candidates, must pay a $10 per precinct deposit when they petition for a recount. The entire deposit is refunded if the recount alters the results of the elections. See Section 168.867, “Recount petition; deposit; refund; disposition of sum deposited”: http://legislature.mi.gov/doc.aspx?mcl-168-867. However, for recounts conducted by the County Board of Canvassers under the direction of the State Board of Canvassers as part of a multi-county or statewide recount, the county pays the full cost of the recount. See Section 168.894, “Recounts in counties; expenses, payment”: http://legislature.mi.gov/doc.aspx?mcl-168-894.

Challengers and Observers: 

Statutes specify that recount must be public Party/candidate or initiator has statutory authority to appoint observers Party/candidate or initiator has statutory authority to appoint challengers Recounts are public in Michigan. See Rule 168.927, "Public observance of recounts," as well as Section 168.889: http://legislature.mi.gov/doc.aspx?mcl-168-889. Michigan's Administrative Code specifies that two representatives as well as one attorney for each recount initiator is allowed to observe the recount. See Rule 168.907, “Persons present at recount; procedure,” as well as Rule 168.916, “Candidate and petitioner representatives; powers”: http://tinyurl.com/MIAdminCode. The role these representatives may play in challenging ballots varies on the counting method used during the recount. During the use of voting machines, they do not have the ability to challenge individual ballots as they are counted, but they are allowed to dictate challenges and objections to the proceedings in the stenographic record of the recount, and to argue for these objections to board of canvassers after the recounting is completed. See Rule 168.813, “Record of recount proceedings,” and Rule 168.914, “Challenges or objections to recount of voting machines”: http://tinyurl.com/MIAdminCode. During the counting of paper ballots, representatives “shall have the right to dictate into the stenographic record, any objection, proposed correction, or addition to such information.” They may also challenge individual ballots, which are then taken before the canvassing board, where representatives may argue their objection to the board. See Rule 168.917, “Board of county canvassers and of state canvasser representatives; duties,” and Rule 168.925, “ Ballots counted or rejected for recount under protest”: http://tinyurl.com/MIAdminCode.

Rules for Determining Voter Intent: 

Statutory guidance provided See Michigan Election Law, Section 168.803, “Counting and recounting of votes; intent of voter; stray marks; instructions issued by secretary of state”: http://legislature.mi.gov/doc.aspx?mcl-168-803. Further details are provided in Rule 168.923, “Rules governing recounting of votes” and Rule 168.925, “Determining how ballot recounted; rules”: http://tinyurl.com/MIAdminCode.

Audit Laws: 

State does not have audit laws As of our most recent update (September 2010), Michigan does not have audit laws.

Additional Resources: 
Michigan Compiled Laws - Chapter 168 - Election Law
Michigan Secretary of State