In the event that an election official refuses to certify election results, Michigan law has several built-in provisions to safeguard the process and ensure proper certification. The enforcement mechanisms available vary based on the jurisdictional level at which the official’s refusal to certify occurs – county or state. In addition, Michigan law provides for criminal penalties for failure to perform an election-related duty.
If a Board of County Canvassers fails in its duties to canvass and certify results by the 14th day after the election, state law requires the Board of State Canvassers to certify the county’s results for them. Mich. Comp. Laws Serv. § 168.822(2). The Board of State Canvassers is required to “meet immediately” and certify the results within ten days of receiving the necessary records from the Board of County Canvassers. Mich. Comp. Laws Serv. § 168.822(2). The county bears the cost accrued by the Board of State Canvassers during this process. Mich. Comp. Laws Serv. § 168.822(2).
If the Board of State Canvassers fails in its duties, the remedy of mandamus exists. See, e.g., Citizens for Prot. of Marriage v. Bd. of State Canvassers, 688 N.W.2d 538, 541 (Mich. Ct. App. 2004) **(allowing a citizens group to seek mandamus relief to require the Board of State Canvassers to certify an initiative petition in accordance with its duties). Any person who “feels aggrieved” by any determination made by the Board of State Canvassers may request a writ of mandamus in the Michigan Supreme Court. Mich. Comp. Laws Serv. § 168.479(1).
Michigan law makes it a criminal offense for a person to “willfully fail to perform a duty” imposed on the person by the election code or to “disobey a lawful instruction or order” given by the Secretary of State, county or local Elections Commission, or Board of Election Inspectors. Mich. Comp. Laws Serv. § 168.931(1)(g). A person who violates this provision is guilty of a misdemeanor punishable by a fine of up to $500 or imprisonment for up to 90 days or both. Mich. Comp. Laws Serv. § 168.931(1); Mich. Comp. Laws Serv. § 168.934.
A recent Michigan law also makes it a crime to intimidate an election official because of the election official’s status with the intent to interfere with the performance of the election official’s duties. Mich. Comp. Laws Serv. § 168.931b(1). The law also makes it a crime for a person to prevent an election official from performing the election official’s duties in conducting an election. Mich. Comp. Laws Serv. § 168.931b(2). “Duties” explicitly include tallying ballots and certifying election results. Mich. Comp. Laws Serv. § 168.931b(5).