In Michigan, tabulation is the process of counting votes, including all votes cast at polling places and by absent voter ballot, conducted by election officials on Election Day.
Immediately after the polls close on Election Day, the election inspectors in each precinct must conduct a publicly accessible canvass of the votes. [1] Mich. Comp. Laws Serv. § 168.801. The precinct canvass starts with a comparison of the poll lists and corrections of any mistakes found by the election inspectors. Mich. Comp. Laws Serv. § 168.801. The election inspectors then count the votes using instructions issued by the Secretary of State. Mich. Comp. Laws Serv. § 168.803. Once counting is complete, the election inspectors place the ballots in a ballot container and securely fasten the container with an approved seal. Mich. Comp. Laws Serv. § 168.805. The election inspectors then deliver the ballot container to the City or Township Clerk. Mich. Comp. Laws Serv. § 168.805.
At the conclusion of the canvass, the election inspectors prepare signed statements of the returns showing the number of votes cast for all offices and all ballot propositions that are to be canvassed by the Board of County Canvassers. Mich. Comp. Laws Serv. § 168.806. Any election inspector who fails to sign the certificate or who signs a certificate containing an untrue statement is guilty of a misdemeanor. Mich. Comp. Laws Serv. § 168.808. Any election inspector who knowingly signs a certificate containing an untrue statement is guilty of a felony. Mich. Comp. Laws Serv. § 168.808.
The election inspectors send one copy of the returns to the Board of County Canvassers, in the care of the Judge of Probate. Mich. Comp. Laws Serv. § 168.809(1). The Judge of Probate delivers the returns to the Board of County Canvassers when the board meets to conduct its canvass. Mich. Comp. Laws Serv. § 168.809(1). The election inspectors send the other copy of the returns to the County Clerk, who compiles unofficial returns and makes the returns available to the public. Mich. Comp. Laws Serv. § 168.809(2).
In Michigan, votes must be counted electronically by a “uniform system” selected by the Secretary of State. Mich. Comp. Laws Serv. § 168.37(1). The Board of Commissioners of a county, the legislative body of a city or village, the township board of a township, or the school board of a school district may authorize, by a majority vote, an electronic voting system approved for use in the state. Mich. Comp. Laws Serv. § 168.794a(1).
There are currently three state-certified voting systems: Hart Voting Systems, Dominion Voting Systems, or ES&S Voting Systems. “Voting Equipment.” A majority of counties use Dominion Voting Systems. “Voting Systems Map.”
After polls close, the election inspectors record and total all write-in votes exactly as written (including any misspellings). “Election Day Procedure Manual” at 52. ****In doing so, the election inspectors are creating a record for the Board of Canvassers to use during its certification process. “Election Day Procedure Manual” at 52. ****A write-in vote for an individual who did not file a Declaration of Intent does not count and is not recorded by the election inspectors. “Election Day Procedure Manual” at 51.
In Michigan, any voter may request to vote and vote by absent voter ballot. To receive a ballot in the mail, a voter must submit a request in writing to the City or Township Clerk no later than 5 p.m. on the Friday prior to the election. “Absent Voter Process” at 4, 8*.* The Clerk must immediately process the request and send the ballot to the voter by the end of the next business day following the receipt of the request. “Absent Voter Process” at 2*.* A voter can also request an absent voter ballot in-person at the Clerk’s office any time until 4 p.m. on the day prior to the election. “Absent Voter Process” at 8*.* The voter can complete the ballot in the Clerk’s office or return the ballot to a ballot dropbox or polling place by 8 p.m. on Election Day. “Absent Voter Process” at 9*.* All absent voter ballots must be received by the Clerk by 8 p.m. on Election Day. “Absent Voter Process” at 13*.*
Upon receiving a returned absent voter ballot, the City or Township Clerk must verify the voter’s identity by matching the voter’s signature on the certificate to the voter’s saved signature in the Qualified Voter File. “Absent Voter Process” at 12*.* A ballot signature is determined to be invalid only if it differs significantly and obviously from the signature on file. “Absent Voter Process” at 12*.* If the Clerk determines that a signature is invalid or a signature is missing from the ballot, the Clerk should immediately contact the voter to cure the issue. “Absent Voter Process” at 12*.* If the voter does not cure the issue by 5 p.m. on the third day after Election Day, the Clerk will reject the ballot. “Absent Voter EOM” at 5. **Once the Clerk determines that the signatures match, the ballot is deemed an “accepted absent voter ballot”. “Absent Voter EOM” at 5.
During the signature verification process, election officials are allowed to consider potential explanations for differences in signatures between the ballot envelope and the voter system. *R 168.24.* Current rules issued by the Secretary of State require election officials to consider five enumerated explanations for signature differences: (1) health issues or aging effects on handwriting; (2) use of a diminutive of a full name, a middle name as first name, or a different order of legal names; (3) change of signature over time; (4) the effect of writing in haste; and (5) the effect of writing surface on signature. R 168.24. In March 2024, the Republican National Committee filed a lawsuit in the state requesting that these instructions be overturned ahead of the 2024 election. “Signature Matching Challenge.” **In June, a state judge ruled that election officials may use these instructions; however, they may not use a more lenient standard of a “presumption of validity” when verifying signatures. “Signature Matching Challenge.”
In Michigan, absent voter ballots can be processed and counted in three ways: by election inspectors at the polling places where the absent voter would have otherwise voted, by an Absent Voter Counting Boards (established by the city or township’s Election Commission), or by a combined counting board with the county (through an agreement with the County Clerk). “Absent Voter EOM” at 1.