In Michigan, the post-election audit is procedural—the audit thoroughly reviews procedures performed before, during, and after an election. “Audit Manual” at 3*.* The audit includes a review of voted ballots through a hand count of select contests, which is used to verify that the voting equipment worked properly and yielded the correct result. “Audit Manual” at 3*.* The audit is not a recount and does not change certified election results. Mich. Comp. Laws Serv. § 168.31(a)(2). Instead, the audit is used to gather information for future training of election officials and to reinforce the accuracy and security of the voting system. “Audit Manual” at 3.
The post-election audit is conducted by County Clerks with the Secretary of State’s supervision and includes precincts and races selected at random by the Secretary of State’s Bureau of Elections. Mich. Comp. Laws Serv. § 168.31(a)(2). The audit must be conducted within 30 days of the completion of the canvass. “Audit Manual” at 4.
The ****Secretary of State and County Clerks conduct election audits in Michigan. Mich. Comp. Laws Serv. § 168.31(a)(2). The Secretary of State is required to train and certify County Clerks and their staffs for the purpose of conducting the audit in their counties. Mich. Comp. Laws Serv. § 168.31(a)(2). The Secretary of State is also required to supervise each County Clerk in the performance of the audit. Mich. Comp. Laws Serv. § 168.31(a)(2).
The post-election audit must be conducted within 30 days of the completion of the canvass (unless a recount has been ordered). “Audit Manual” at 4. **County Clerks must provide the Secretary of State with results of the audit within 20 days after the audit. Mich. Comp. Laws Serv. § 168.31(a)(4). County Clerks coordinate the scheduling of the audit with the local jurisdiction. “Audit Manual” at 4. Audits must take place in a public location agreed upon by the local (City or Township) Clerk of the selected precinct. “Audit Manual” at 4.
The Secretary of State prescribes the procedures for audits. Mich. Comp. Laws Serv. § 168.31(a)(2).
The day after the election, the Secretary of State’s Bureau of Elections randomly selects precincts to include in the county audits. “Audit Manual” at 3*; Mich. Comp. Laws Serv. § 168.31(a)(2).* The audit must include at least one race in each selected precinct. Mich. Comp. Laws Serv. § 168.31(a)(2). The Bureau of Elections may also select additional precincts to be audited at the state level. “Audit Manual” at 3.
The Secretary of State provides audit participants with a worksheet to use for the audit to ensure uniformity across precincts. “Audit Manual” at 4*; “Audit Worksheet”.* The County Clerks are provided detailed instructions on how to use the worksheets. “Audit Manual” at 4.
The audit requires the inspection of documents and procedures used prior to the election and on Election Day. “Audit Manual” at 4. **[1] The primary focus of the audit includes election notices, election inspector appointments and training, e-pollbook security, test deck procedures, military and overseas voter applications, and a review of the pollbook and ballot containers used on Election Day. “Audit Manual” at 3. **The final step of the post-election audit is a review of voted ballots, which entails a hand count of the selected contests. “Audit Manual” at 12. The auditors note any discrepancies found on the worksheet. “Audit Manual” at 12.
The completed worksheet is signed by the auditors, reviewed by the local Clerk, and retained for two years post-election. “Audit Manual” at 12. **The data collected from the worksheet is entered electronically into the state’s e-Learning Center within two days of audit completion. “Audit Manual” at 12.
In addition, at the direction of the State Legislature, the State Auditor General may conduct a performance audit of the Bureau of Elections’ procedures for performing post-election audits. See, e.g., “Performance Audit.” **However, the State Auditor General does not have the authority to audit County Clerks or other local election officials in its audit of the Bureau of Elections. “AG Opinion.”
In 2018, the Bureau of Elections began developing a risk-limiting audit pilot. “RLA Pilot” at 2. **The Bureau of Elections selected three cities to participate in the pilot in the November 2018 election. “RLA Pilot” at 2. The pilot was successful, and, in 2019, the Bureau of Elections expanded the pilot to various local elections across the state. “RLA Pilot” at 3. **In 2020, the pilot included its first statewide races—the presidential primary and general elections. “RLA Pilot” at 4. **Overall, the 2020 pilot was a success and demonstrated that the risk-limiting audit process could be used in Michigan at a statewide level. “RLA Pilot” at 4. Since then, the Bureau of Elections has continued to expand and tweak its risk-limiting audit pilot. See e.g., “Performance Audit” at 33 **(noting that, in 2021, the Bureau of Elections tested a new method of conducting risk-limiting audits in an election in Holland, Michigan).