Overview

Each county in Michigan elects a County Clerk to serve a four-year term. Mich. Comp. Laws Serv. § 168.200(1). The County Clerk has several duties related to the post-election process. The County Clerk serves as the clerk of the Board of County Canvassers and determines when the Board meets to conduct the canvass. Mich. Comp. Laws Serv. § 168.8. After the county canvass, the County Clerk transmits to the Secretary of State a certificate of determination and delivers certificates of election to the winning candidates. Mich. Comp. Laws Serv. §§ 168.826(2), 168.827. In addition, in the case of a tie vote, the County Clerk facilitates the lot-drawing process to determine a winner. [1] Mich. Comp. Laws Serv. § 168.851. The County Clerk also conducts election audits, including statewide election audits, under the supervision of the Secretary of State. Mich. Comp. Laws Serv. § 168.31a(2). Lastly, petitions for recounts are filed with the County Clerk, and the County Clerk gives notices of the recount petition to the opposing candidates. Mich. Comp. Laws Serv. §§ 168.866(1), 168.868(1).

Election-Related Duties

The key duties of the County Clerk are:

1. Determining the meeting date and time for the Board of County Canvassers. Mich. Comp. Laws Serv. § 168.821(1).
2. Receiving from the Board of County Canvassers, filing, and transmitting to the Secretary of State a certificate of determination. Mich. Comp. Laws Serv. §§ 168.826(2), 168.827.
3. Executing and delivering certificates of election to winning candidates. Mich. Comp. Laws Serv. § 168.826(2).
4. Facilitating the lot-drawing process to determine a tie vote. Mich. Comp. Laws Serv. § 168.851.
5. Conducting audits under the supervision of the Secretary of State. Mich. Comp. Laws Serv. § 168.31a(2).
6. Training election inspectors before each primary and general election. Mich. Comp. Laws Serv. § 168.683.
7. Receiving recount petitions for county-level recounts. Mich. Comp. Laws Serv. § 168.866(1).

Selection and Vacancy Information

• **Elected: ****The County Clerk is elected at the November general election every four years. Mich. Comp. Laws Serv. § 168.200(1).
• Tie-breaking: In the case of a tie, the Board of Canvassers in the county in which the election was held determines a winner by lot. Mich. Comp. Laws Serv. § 168.851.
• Term of Office: The County Clerk serves a four-year term beginning on January 1 following the election. Mich. Comp. Laws Serv. § 168.203. The County Clerk remains in the office until a successor is elected and qualified. Mich. Comp. Laws Serv. § 168.203.
• Qualifications: A candidate for County Clerk must be a registered voter of the county at the time of the filing deadline. Mich. Comp. Laws Serv. § 168.191.
• Vacancy: If the office of County Clerk becomes vacant, a judge or judges on the Circuit Court fills the vacancy by appointment. Mich. Comp. Laws Serv. § 168.209(1).

Footnotes