In Michigan, recounts occur automatically in close statewide elections, and are allowed by petition for elections that do not meet the qualifications for an automatic recount. For recounts by request, a candidate for federal, state, county, city, township, village, or school office who believes the returns are incorrect due to fraud or error may file a petition. “Recounts” at 1. In addition, any person who voted in an election at which a question appeared on the ballot who believes the returns of votes on the ballot question are incorrect because of fraud or error may petition for a recount. “Recounts” at 1.
The Board of County Canvassers is responsible for conducting all recounts for county, city, township, village, and school offices and ballot proposals, as well as Probate Judge (in single county districts) and Municipal Court Judge. “Recounts” at 1. The Board of State Canvassers is responsible for conducting all recounts for statewide offices – i.e., U.S. Senator, U.S. Representative, State Senator, State Representative, judicial offices (other than Probate Judge in a single county district and Municipal Court Judge), and statewide ballot proposals. “Recounts” at 4.
In Michigan, an automatic recount of all precincts in the state takes place if the difference between the number of votes received by the winning candidate and the second-place candidate is 2,000 or less. Mich. Comp. Laws Serv. § 168.880a; “Recounts” at 6. **For statewide ballot proposals, an automatic recount occurs if there is a difference of 2,000 votes or less between “yes” and “no.” Mich. Comp. Laws Serv. § 168.880a; Recounts at 6. Automatic recounts are conducted by the Board of State Canvassers. Mich. Comp. Laws Serv. § 168.880a; “Recounts” at 6.
For both recounts conducted by the Board of County Canvassers and the Board of State Canvassers, a recount petition must specify in writing the office or ballot proposal at issue, allege the good faith belief that the election outcome would be different but for the mistake or fraud, and identify the precincts in which the recount is requested. Mich. Comp. Laws Serv. §§ 168.865, 168.879, 168.880; “Recounts” at 1, 4. The petition must be notarized. Mich. Comp. Laws Serv. §§ 168.865, 168.879, 168.880; “Recounts” at 1, 4.
In addition, the person filing the petition must submit a deposit for each precinct in which the person requests a recount. Mich. Comp. Laws Serv. §§ 168.867, 168.881; “Recounts” at 2, 4. The deposit amount depends on the vote differential between the petitioner and the winning candidates or the differential between the “yes” and “no” votes for a proposal. “Recounts” at 2, 4*; Mich. Comp. Laws Serv. §§ 168.867, 168.881.* If the vote differential is more than 75 votes or 5.0% of the total votes (whichever is greater), then the deposit is $250 per precinct. “Recounts” at 2, 5*; Mich. Comp. Laws Serv. §§ 168.867, 168.881.* If the vote differential is more than 50 votes or 0.5% of the total votes (whichever is greater), then the deposit is $125 per precinct. “Recounts” at 2, 4*; Mich. Comp. Laws Serv. §§ 168.867, 168.881.* If the vote differential is 50 or fewer votes or less than 0.5% of the votes, the deposit is $25 per precinct. “Recounts” at 2, 4*; Mich. Comp. Laws Serv. §§ 168.867, 168.881.*
The deposit is refunded if the election results change based on the recount. “Recounts” at 3, 6. The county (or counties) in which the recount was conducted keeps the deposit if the recount does not affect the election results. “Recounts” at 2, 6*; Mich. Comp. Laws Serv. §§ 168.867, 168.881.*
A person requesting a recount that will be conducted by the Board of County Canvassers must file the petition for recount with the County Clerk of the Board of County Canvassers that originally conducted the canvass. Mich. Comp. Laws Serv. § 168.866; “Recounts” at 1*.* The person must submit the petition for recount no later than the sixth day after the completion of the canvass. Mich. Comp. Laws Serv. § 168.866; “Recounts” at 1*.* Within two days after submitting the petition for recount, the person must also file a copy of the petition with the Secretary of State. Mich. Comp. Laws Serv. § 168.866; “Recounts” at 1*.*
A person requesting a recount that will be conducted by the Board of State Canvassers must file the petition for recount with the Secretary of State. “Recounts” at 4*; Mich. Comp. Laws Serv. § 168.879.* If the recount request is for a U.S House District, State Senate District, or State House District that is contained in one county, the person must submit the petition no later than 48 hours “following the adjournment” of the Board of State Canvassers’ meeting to certify the election. “Recounts” at 4*; Mich. Comp. Laws Serv. § 168.879.* For any other recount request, the person must submit the petition no later than 48 hours “following the completion of the canvass” of the election. “Recounts” at 4*; Mich. Comp. Laws Serv. § 168.879.* The person must also file a copy of the petition with the Clerk of the State House of Representatives if the office of State Representative is at issue or with the Secretary of the Senate if the office of State Senator is at issue. “Recounts” at 4*; Mich. Comp. Laws Serv. § 168.879.*
For recounts conducted by the Board of County Canvassers, within 24 hours of receipt of the petition, the County Clerk is required to give notice of the filing to opposing candidates. “Recounts” at 2*; Mich. Comp. Laws Serv. § 168.868.* Within 48 hours of notice, an opposing candidate may file a counter petition and request additional precincts be added to the recount. “Recounts” at 2*; Mich. Comp. Laws Serv. § 168.868.* The County Clerk then notifies the Board of County Canvassers of the recount request. “Recounts” at 3*; Mich. Comp. Laws Serv. § 168.869.* The County Clerk also determines whether a recount petition has been filed on the state level involving the county, and if so, the conduct of both recounts is coordinated through the Department of State’s Bureau of Elections. “Recounts” at 3*; Mich. Comp. Laws Serv. § 168.869.*
For recounts conducted by the Board of State Canvassers, within 48 hours after the receipt of the petition, the Secretary of State is required to give notice to opposing candidates. Recounts at 4. An opposing candidate may file a counter petition no later than 4 p.m. on the seventh day after the submission of the petition. “Recounts” at 4*.* The Secretary of State’s Bureau of Elections also immediately contacts the County Clerks of the countries involved in the recount request to coordinate the recount. “Recounts” at 4*.*
The Board of County Canvassers or Board of State Canvassers may conduct the recount using a manual tally of ballots, a tabulation of ballots on a computer using specifically designed software, a tabulation of ballots on a computer using the same software used in the precinct on Election Day, or any combination of these methods. Mich. Comp. Laws Serv. § 168.871(4). If the Board chooses to use a computer, the Board must first test the software application. Mich. Comp. Laws Serv. § 168.871(5).
Both the Board of County Canvassers and the Board of State Canvassers may subpoena any election inspector, county officer, or other person to appear before the Board in connection with the recount. Mich. Comp. Laws Serv. §§ 168.885, 168.870. A person who does not comply with the subpoena is guilty of a misdemeanor. Mich. Comp. Laws Serv. § 168.885.