reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXX - Chapter XXX the County Canvass (168.821...168.839) › Section 168.833 - Petition for Special Election; Requirements.

168.833 Petition for special election; requirements.
Sec. 833.
A petition filed under section 832 shall meet all of the following requirements:
(a) Be typed or printed.
(b) Allege the facts that made it impossible to cast a vote for the petitioning candidate or for or against the ballot question.
(c) Identify the precinct and city or township, and, if applicable, the number of the voting machine or device.
(d) Be signed and certified by the candidate or elector.
History:
Add. 1982, Act 505, Eff. Mar. 30, 1983 ;-- Am. 1990, Act 95, Imd. Eff. June 6, 1990
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXX - Chapter XXX the County Canvass (168.821...168.839) › Section 168.834 - Repealed. 1990, Act 95, Imd. Eff. June 6, 1990.

168.834 Repealed. 1990, Act 95, Imd. Eff. June 6, 1990.
Compiler's Notes:
The repealed section pertained to service of petition for special election.
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXX - Chapter XXX the County Canvass (168.821...168.839) › Section 168.835 - Petition for Special Election; Qualification; Meeting of Board of Canvassers; Notice of Time and Place.

168.835 Petition for special election; qualification; meeting of board of canvassers; notice of time and place.
Sec. 835.
The secretary or clerk of the board of canvassers shall determine if a petition meets the requirements of section 833. If a petition is so qualified, the secretary or clerk shall call a meeting of the board of canvassers no later than 5 days after receipt of the petition. The secretary or clerk shall notify the following persons by first class mail or phone of the time and place of the meeting:
(a) The appropriate city or township clerk.
(b) If the election was a general election or special election, each candidate whose name appears on the ballot for the same office.
(c) If the election was a primary election, each candidate whose name appears on the ballot for the same office under the political party of the candidate.
(d) The filer or sponsor of the ballot question, if known, any ballot question committee filed under Act No. 388 of the Public Acts of 1976, being sections 169.201 to 169.282 of the Michigan Compiled Laws, supporting or opposing the ballot question, and the registered elector who filed the petition under section 832.
History:
Add. 1982, Act 505, Eff. Mar. 30, 1983 ;-- Am. 1990, Act 95, Imd. Eff. June 6, 1990
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXX - Chapter XXX the County Canvass (168.821...168.839) › Section 168.836 - Ordering Special Election in Precinct Affected by Defect or Mechanical Malfunction; Conditions; Effect of Votes in Excess of Electors.

168.836 Ordering special election in precinct affected by defect or mechanical malfunction; conditions; effect of votes in excess of electors.
Sec. 836.
(1) The board of canvassers shall order a special election for the office of the petitioning candidate or the ballot question only in each precinct affected by a defect or mechanical malfunction as described in section 831 if all of the following are true:
(a) An elector could not cast a valid vote in the precinct for the petitioning candidate or for or against the ballot question because of the defect or mechanical malfunction.
(b) Based on the available canvass, the number of electors who could not cast valid votes for the office or for or against the ballot question in an election because of the defect or mechanical malfunction is greater than the number of votes separating the candidates getting the most and the second most number of votes or is greater than the number of votes separating total "yes" votes and the total "no" votes.
(2) If the number of votes for an office or for or against a ballot question recorded on a voting machine exceeds the number of electors that voted on the machine, then for the purposes of subsection (1), the difference shall be regarded as the number of electors who, because of a defect or mechanical malfunction as described in section 831, could not cast valid votes for the office or for or against the ballot question.
History:
Add. 1982, Act 505, Eff. Mar. 30, 1983 ;-- Am. 1990, Act 95, Imd. Eff. June 6, 1990
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXX - Chapter XXX the County Canvass (168.821...168.839) › Section 168.837 - Special Election to Be Conducted by Mail; Sending Ballot to Each Elector; Time Limitation; Request From Board of Canvassers; Time for Returning Ballot.

168.837 Special election to be conducted by mail; sending ballot to each elector; time limitation; request from board of canvassers; time for returning ballot.
Sec. 837.
(1) A special election ordered under section 836 shall be conducted by mail. Not later than 5 days after the order, the city or township clerk shall send a ballot to each elector whose name was entered in the poll book as having voted in that precinct at the election.
(2) The ballot shall include a request from the board of canvassers that the elector cast a ballot as the elector did or attempted to cast at the election.
(3) Electors shall have 5 days after the date of mailing to return the ballot to the city or township clerk either by mail or in person.
History:
Add. 1982, Act 505, Eff. Mar. 30, 1983
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXX - Chapter XXX the County Canvass (168.821...168.839) › Section 168.838 - Counting and Reporting Ballots; Manner; Count to Include Number of Votes Cast by Absent Voters.

168.838 Counting and reporting ballots; manner; count to include number of votes cast by absent voters.
Sec. 838.
Ballots returned under section 837 shall be counted and reported in the same manner provided in this act for the counting and reporting of absent voter ballots. The count shall include the number of votes cast by absent voters as shown by the original canvass for that precinct.
History:
Add. 1982, Act 505, Eff. Mar. 30, 1983
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXX - Chapter XXX the County Canvass (168.821...168.839) › Section 168.839 - Candidate Not Required to Petition for Recount; Special Election Not Subject to Recount.

168.839 Candidate not required to petition for recount; special election not subject to recount.
Sec. 839.
(1) A candidate who petitions for a special election under section 832 is not required to petition for a recount.
(2) A special election held under sections 832 to 838 is not subject to recount.
History:
Add. 1982, Act 505, Eff. Mar. 30, 1983
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXI - Chapter XXXI the State Canvass (168.841...168.848) › Section 168.841 - Board of State Canvassers; Duties.

168.841 Board of state canvassers; duties.
Sec. 841.
(1) The board of state canvassers shall canvass the returns and determine the result of all elections for electors of president and vice president of the United States, state officers, United States senators, representatives in congress, circuit judges, state senators and representatives elected by a district that is located in more than 1 county, and other officers as required by law. The board of state canvassers shall also determine the result of an election on a proposed amendment to the constitution or on any other ballot question that has been submitted, pursuant to law, to the qualified and registered electors of this state at large for ratification or rejection. The board of state canvassers shall canvass the returns and determine the result of an election on a ballot question submitted to the qualified and registered electors of more than 1 county under the regional transit authority act, 2012 PA 387, MCL 124.541 to 124.558. Upon making the determination, the board of state canvassers shall immediately prepare a certificate of determination and deliver the properly certified certificate of determination to the secretary of state.
(2) Upon receipt of a properly certified certificate of determination from a board of county canvassers pursuant to section 826, the board of state canvassers, at its next meeting, shall record the results of the county canvass contained in the certificate.
History:
1954, Act 116, Eff. June 1, 1955 ;-- Am. 1995, Act 261, Eff. Mar. 28, 1996 ;-- Am. 2015, Act 197, Imd. Eff. Nov. 24, 2015
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXI - Chapter XXXI the State Canvass (168.841...168.848) › Section 168.843 - Statements of Votes; Filing and Preservation by Secretary of State; Certified Copies.

168.843 Statements of votes; filing and preservation by secretary of state; certified copies.
Sec. 843.
The secretary of state, on the receipt of the certified copies of the statements of votes given in the several counties directed by law to be sent to him by the county clerks, shall place on file and preserve such certified copies in his office. If from any county clerk such certified copies shall not have been received by the secretary of state on or before the fifteenth day after any election, the secretary of state shall communicate with such county clerk by telephone, telegraph or mail, requesting that such certified copies be immediately forwarded and such county clerk shall forthwith forward such certified copies to the secretary of state. When the board of state canvassers meets to canvass the returns and determine the result of any election, the secretary of state shall lay before the board the statements received by him of the votes given at such election in the several counties.
History:
1954, Act 116, Eff. June 1, 1955
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXI - Chapter XXXI the State Canvass (168.841...168.848) › Section 168.844 - Statements of Votes; Examination, Preparation of Statement of Totals by Board of State Canvassers.

168.844 Statements of votes; examination, preparation of statement of totals by board of state canvassers.
Sec. 844.
The board of state canvassers shall examine the statements received by the secretary of state of the votes cast in the several counties and prepare a statement showing the total number of votes cast for all candidates for each office, the names of the persons for whom such votes were cast, the number of votes cast for each of such persons, the total number of votes cast on each constitutional amendment and proposition which may have been submitted, and the number of votes cast for and the number of votes cast against each such constitutional amendment and proposition.
History:
1954, Act 116, Eff. June 1, 1955
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXI - Chapter XXXI the State Canvass (168.841...168.848) › Section 168.845 - Certifying Correctness of Statement; Certificate of Determination; Certificate of Election; Declaration of Vacancy; Publication of Constitutional Amendment.

168.845 Certifying correctness of statement; certificate of determination; certificate of election; declaration of vacancy; publication of constitutional amendment.
Sec. 845.
The members of the board of state canvassers shall certify as to the correctness of the statement provided for in section 844 and subscribe their names to the statement. The members of the board of state canvassers shall determine which persons have been duly elected to each office and which constitutional amendments and propositions, if any, have been approved or rejected. The board shall certify the determinations and deliver the statement and certificate of determinations to the secretary of state. The secretary of state shall file and preserve the statement and certificate of determinations in his or her office and shall immediately execute and deliver a certificate of election to each person elected. If the secretary of state receives notice before the certificate of determinations is issued that the person to whom the certificate of election is to be issued died, withdrew from the district, was declared legally incapacitated by a court having jurisdiction, or submitted to the secretary of state an affidavit declaring that person's intention to refuse the certificate of election, then the secretary of state shall not issue a certificate of election and the office shall be declared vacant as of the commencement of the term of office to which that person would otherwise have been elected. The secretary of state shall also publish any amendment to the constitution that is approved and ratified with the laws enacted by the legislature at its next succeeding session.
History:
1954, Act 116, Eff. June 1, 1955 ;-- Am. 1956, Act 37, Imd. Eff. Mar. 28, 1956 ;-- Am. 1976, Act 162, Imd. Eff. June 21, 1976 ;-- Am. 1999, Act 217, Eff. Mar. 10, 2000 ;-- Am. 2003, Act 119, Imd. Eff. July 29, 2003
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXI - Chapter XXXI the State Canvass (168.841...168.848) › Section 168.846 - Board of State Canvassers; Tie Vote, Certification to Legislature, Determination.

***** 168.846 THIS SECTION IS AMENDED EFFECTIVE FEBRUARY 13, 2024: See 168.846.amended *****
168.846 Board of state canvassers; tie vote, certification to legislature, determination.
Sec. 846.
In case 2 or more persons have an equal and the highest number of votes for any office, as canvassed by the board of state canvassers, the board of state canvassers shall certify the result of the canvass as to such office to the legislature and the legislature in joint convention shall choose 1 of said persons to fill such office. When the determination of the board of state canvassers is contested, the legislature in joint convention shall decide which person is elected.
History:
1954, Act 116, Eff. June 1, 1955
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXI - Chapter XXXI the State Canvass (168.841...168.848) › Section 168.846.amended - Board of State Canvassers; Tie Vote, Determination and Certification Under MCL 168.852.

***** 168.846.amended THIS AMENDED SECTION IS EFFECTIVE FEBRUARY 13, 2024 *****
168.846.amended Board of state canvassers; tie vote, determination and certification under MCL 168.852.
Sec. 846.
If 2 or more individuals have an equal and the highest number of votes for any office, as canvassed by the board of state canvassers, the tie must be resolved and the winner certified as provided under section 852.
History:
1954, Act 116, Eff. June 1, 1955 ;-- Am. 2023, Act 269, Eff. Feb. 13, 2024
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXI - Chapter XXXI the State Canvass (168.841...168.848) › Section 168.847 - Release of Ballots, Ballot Boxes, Voting Machines, and Equipment.

168.847 Release of ballots, ballot boxes, voting machines, and equipment.
Sec. 847.
The secretary of state may authorize the release of all ballots, ballot boxes, voting machines, and equipment after 30 days following certification of an election by the board of state canvassers in a precinct other than a precinct in which 1 or more of the following occur:
(a) A petition for recount has been filed with the board of state canvassers.
(b) A petition has been filed pursuant to section 879.
(c) A court of competent jurisdiction has issued an order restraining interference with ballots, ballot boxes, voting machines, and equipment.
History:
Add. 1973, Act 157, Imd. Eff. Dec. 6, 1973 ;-- Am. 1978, Act 7, Imd. Eff. Feb. 7, 1978 ;-- Am. 1995, Act 261, Eff. Mar. 28, 1996 ;-- Am. 2012, Act 271, Eff. Aug. 15, 2012
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXI - Chapter XXXI the State Canvass (168.841...168.848) › Section 168.847a.added - Financial Disclosure Report; Candidate for Office.

***** 168.847a.added THIS ADDED SECTION IS EFFECTIVE FEBRUARY 13, 2024 *****
168.847a.added Financial disclosure report; candidate for office.
Sec. 847a.
A candidate for office, as that term is defined in section 3 of the candidate for office financial disclosure act, must file the financial disclosure report required under section 5 of the candidate for office financial disclosure act with the department of state before that candidate for office assumes office.
History:
Add. 2023, Act 267, Eff. Feb. 13, 2024
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXI - Chapter XXXI the State Canvass (168.841...168.848) › Section 168.848 - Postelection Statement; Violation as Misdemeanor; False Statement as Perjury.

168.848 Postelection statement; violation as misdemeanor; false statement as perjury.
Sec. 848.
(1) Each elected candidate subject to the Michigan campaign finance act, 1976 PA 388, MCL 169.201 to 169.282, and whose candidate committee received or expended more than $1,000.00 during the election cycle shall file a postelection statement with the filing official designated to receive the elected candidate's candidate committee campaign statements under section 36 of the Michigan campaign finance act, 1976 PA 388, MCL 169.236. All of the following apply to a postelection statement required by this section:
(a) The postelection statement must be on a form prescribed by the secretary of state.
(b) The elected candidate shall file the postelection statement before the elected candidate assumes office.
(c) The postelection statement shall include an attestation signed by the elected candidate that, as of the date of the postelection statement, all statements, reports, late filing fees, and fines required of the candidate or a candidate committee organized to support the candidate's election under the Michigan campaign finance act, 1976 PA 388, MCL 169.201 to 169.282, have been filed or paid.
(d) The postelection statement shall include an attestation signed by the elected candidate acknowledging that making a false statement in a postelection statement is punishable by a fine of not more than $1,000.00 or imprisonment for not more than 5 years, or both.
(2) Failure to file a postelection statement as required by subsection (1) is a misdemeanor punishable by a fine of not more than $500.00 or imprisonment for not more than 93 days, or both.
(3) Making a false statement in a postelection statement required under subsection (1) is perjury, punishable as provided in section 936.
History:
Add. 2003, Act 119, Imd. Eff. July 29, 2003
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXII - Chapter XXXII Determination of Election by Lot (168.851...168.852) › Section 168.851 - Tie Vote; Determination of Election by Lot, Procedure; Drawing for State Legislature.

168.851 Tie vote; determination of election by lot, procedure; drawing for state legislature.
Sec. 851.
If it shall appear on the canvass of the votes polled at any election canvassed by the board of county canvassers that 2 or more persons have received an equal number of votes for the same office, and that a failure to elect to any office is caused thereby, the election to the office shall be determined in the following manner: The board of canvassers for the county in which such election was held shall appoint a day for the appearance of all affected persons before the county clerk for the purpose of determining by lot among such persons the right to the office, and shall cause notice thereof to be given to all the persons interested. The county clerk shall prepare as many slips of paper as there are such persons, and write the word "elected" on as many slips of paper as there are offices to be filled, and the words "not elected" on the remaining slips, and fold the same so as to conceal the writing and so that they may appear as near alike as possible. The slips shall be placed in a box and, at the time and place appointed for the drawing of the lots, each of the persons aforesaid may draw 1 of the slips from the box, and any person drawing a slip on which is written the word "elected" shall be deemed legally elected to the office in question and the county clerk shall forthwith give him a certificate of election. The county clerk may appoint any person present to draw a slip for any affected person who fails to appear at the time specified in the notice. If the office of county clerk is in question, the drawing shall take place before the sheriff of the county. Such determination, however, shall not preclude the right of a defeated candidate to a recount of the votes cast as provided in chapter 36.
History:
1954, Act 116, Eff. June 1, 1955 ;-- Am. 1968, Act 65, Eff. July 1, 1968
Compiler's Notes:
Section 3 of Act 65 of 1968 provides: “This act shall take effect on July 1, 1968, except in any county with a population of 400,000 or more it shall take effect on July 1, 1970.”
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXII - Chapter XXXII Determination of Election by Lot (168.851...168.852) › Section 168.852 - Procedure When No Provision for Determination of Tie Vote, Right to Recount.

168.852 Procedure when no provision for determination of tie vote, right to recount.
Sec. 852.
In case it shall appear that 2 or more persons have an equal number of votes for the same office for which but 1 person is to be nominated or elected and the same shall be the highest number of votes cast therefor, and no other provision is made in this act for determination of such tie, the board of canvassers, after notice to each of such candidates of a time and place therefor, shall determine the successful candidate by lot and shall declare and certify the same accordingly. Such determination, however, shall not preclude the right of a defeated candidate to a recount of the votes cast as provided in chapter 36 of this act.
History:
1954, Act 116, Eff. June 1, 1955
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXIII - Chapter XXXIII Recounts (168.861...168.894) › 116-1954-XXXIII-COUNTY-CITY-TOWNSHIP-AND-VILLAGE-BOARDS-OF-CANVA - County, City, Township and Village Boards of Canvassers (168.861...168.877) › Section 168.861 - Fraudulent or Illegal Voting, or Tampering With Ballots or Ballot Boxes; Remedy by Quo Warranto.

168.861 Fraudulent or illegal voting, or tampering with ballots or ballot boxes; remedy by quo warranto.
Sec. 861.
For fraudulent or illegal voting, or tampering with the ballots or ballot boxes before a recount by the board of county canvassers, the remedy by quo warranto shall remain in full force, together with any other remedies now existing.
History:
1954, Act 116, Eff. June 1, 1955 ;-- Am. 1963, 2nd Ex. Sess., Act 38, Imd. Eff. Dec. 27, 1963
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXIII - Chapter XXXIII Recounts (168.861...168.894) › 116-1954-XXXIII-COUNTY-CITY-TOWNSHIP-AND-VILLAGE-BOARDS-OF-CANVA - County, City, Township and Village Boards of Canvassers (168.861...168.877) › Section 168.862 - Fraud or Mistake in Canvass or Returns of Votes; Recount Petition by Candidate; Good-Faith Belief in Winning.

168.862 Fraud or mistake in canvass or returns of votes; recount petition by candidate; good-faith belief in winning.
Sec. 862.
A candidate for office who believes he or she is aggrieved on account of fraud or mistake in the canvass or returns of the votes by the election inspectors may petition for a recount of the votes cast for that office in any precinct or precincts as provided in this chapter. The candidate must be able to allege a good-faith belief that but for fraud or mistake, the candidate would have had a reasonable chance of winning the election.
History:
1954, Act 116, Eff. June 1, 1955 ;-- Am. 1958, Act 192, Eff. Sept. 13, 1958 ;-- Am. 1976, Act 141, Imd. Eff. June 2, 1976 ;-- Am. 2003, Act 302, Eff. Jan. 1, 2005 ;-- Am. 2018, Act 128, Eff. Aug. 1, 2018
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXIII - Chapter XXXIII Recounts (168.861...168.894) › 116-1954-XXXIII-COUNTY-CITY-TOWNSHIP-AND-VILLAGE-BOARDS-OF-CANVA - County, City, Township and Village Boards of Canvassers (168.861...168.877) › Section 168.863 - Fraud or Error as to Proposed Charter Amendment or Other Ballot Question; Recount Petition by Elector.

168.863 Fraud or error as to proposed charter amendment or other ballot question; recount petition by elector.
Sec. 863.
A qualified and registered elector voting in a city, township, or village election who believes there has been fraud or error committed by the inspectors of election in its canvass or returns of the votes cast at the election, upon a proposed amendment to the charter of the city or village or other ballot question submitted to the voters of the county, city, township, school district, community college district, metropolitan district, or village, may petition for a recount of the votes cast in any precinct or precincts of that county, city, township, school district, community college district, metropolitan district, or village, upon that proposed amendment or other ballot question as provided in this chapter.
History:
1954, Act 116, Eff. June 1, 1955 ;-- Am. 1976, Act 141, Imd. Eff. June 2, 1976 ;-- Am. 2003, Act 302, Eff. Jan. 1, 2005 ;-- Am. 2012, Act 586, Imd. Eff. Jan. 7, 2013
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXIII - Chapter XXXIII Recounts (168.861...168.894) › 116-1954-XXXIII-COUNTY-CITY-TOWNSHIP-AND-VILLAGE-BOARDS-OF-CANVA - County, City, Township and Village Boards of Canvassers (168.861...168.877) › Section 168.864 - Repealed. 1996, Act 261, Eff. Mar. 28, 1996.

168.864 Repealed. 1996, Act 261, Eff. Mar. 28, 1996.
Compiler's Notes:
The repealed section pertained to conducting recount in primary election.
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXIII - Chapter XXXIII Recounts (168.861...168.894) › 116-1954-XXXIII-COUNTY-CITY-TOWNSHIP-AND-VILLAGE-BOARDS-OF-CANVA - County, City, Township and Village Boards of Canvassers (168.861...168.877) › Section 168.865 - Recount Petition; Contents.

168.865 Recount petition; contents.
Sec. 865.
Such petition shall be sworn to and shall set forth as near as may be the nature of the mistakes or frauds complained of and the city, ward, township, village and precinct in which they are alleged to have occurred, and shall ask for a correction thereof.
History:
1954, Act 116, Eff. June 1, 1955
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXIII - Chapter XXXIII Recounts (168.861...168.894) › 116-1954-XXXIII-COUNTY-CITY-TOWNSHIP-AND-VILLAGE-BOARDS-OF-CANVA - County, City, Township and Village Boards of Canvassers (168.861...168.877) › Section 168.866 - Recount Petition; Filing; Deadline; Filing of Copy With Secretary of State.

168.866 Recount petition; filing; deadline; filing of copy with secretary of state.
Sec. 866.
(1) Except as otherwise provided in subsection (2), recount petitions, either for an office or proposition, other than those filed with the secretary of state, shall be filed with the clerk of the board of county canvassers that originally conducted the canvass.
(2) For a school district election, recount petitions, either for an office or proposition, shall be filed with the clerk of the board of county canvassers that certified the result of the school district election.
(3) Recount petitions shall be filed within 6 days after the original canvass has been completed by the board of county canvassers. A copy of the recount petition shall also be filed with the secretary of state within 2 days after the time the original recount petition is filed with the board of county canvassers as provided in this section.
History:
1954, Act 116, Eff. June 1, 1955 ;-- Am. 1963, 2nd Ex. Sess., Act 38, Imd. Eff. Dec. 27, 1963 ;-- Am. 2010, Act 53, Imd. Eff. Apr. 22, 2010 ;-- Am. 2013, Act 51, Imd. Eff. June 11, 2013
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXIII - Chapter XXXIII Recounts (168.861...168.894) › 116-1954-XXXIII-COUNTY-CITY-TOWNSHIP-AND-VILLAGE-BOARDS-OF-CANVA - County, City, Township and Village Boards of Canvassers (168.861...168.877) › Section 168.869 - Recount Petition; Investigation, Delay; Expenses of Local Recount.

168.869 Recount petition; investigation, delay; expenses of local recount.
Sec. 869.
Upon the filing of a petition for recount, and the giving of notice, if notice is required to be given, the board of county canvassers shall be summoned by the clerk of the board and here make an investigation of the facts set forth in the petition. Should the recount involve a county or district office or proposition, the recount shall not be commenced until the board shall determine by communicating with the secretary of state that no petition has been filed requesting a recount by the board of state canvassers of ballots cast in the same district. In case said board shall be advised by the secretary of state that a petition has been filed with him praying for a recount by the board of state canvassers of the ballots cast in the same county or district, then no action shall be taken upon the recount until the county board shall receive instructions from the board of state canvassers. Nothing herein contained shall act to delay any recount of the ballots cast at any city, ward, township or village election if the ballots cast at such election are not sealed in the same ballot boxes with the state and county offices. With respect to any recount of ballots cast in any city, ward, township, village, school or district election, the board of county canvassers shall charge the appropriate local unit the actual and necessary expenses of conducting the recount, and the local unit shall pay such charges to the county treasurer.
History:
1954, Act 116, Eff. June 1, 1955 ;-- Am. 1963, 2nd Ex. Sess., Act 38, Imd. Eff. Dec. 27, 1963
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXIII - Chapter XXXIII Recounts (168.861...168.894) › 116-1954-XXXIII-COUNTY-CITY-TOWNSHIP-AND-VILLAGE-BOARDS-OF-CANVA - County, City, Township and Village Boards of Canvassers (168.861...168.877) › Section 168.870 - Board of Canvassers; Investigation of Recount.

168.870 Board of canvassers; investigation of recount.
Sec. 870.
For the purpose of such investigation, the clerk, if no meeting be already appointed, shall call a meeting of such board of canvassers and the said board shall have power to issue subpoenas requiring the person in charge thereof to bring before it the ballot boxes used in the election precinct or precincts referred to in the petition, as well as the poll lists, tally sheets, statements of returns and such other documents or reports as may be deemed necessary. Said board shall safely guard such ballots, poll lists, tally sheets and returns and when no longer required shall deliver them to the officials charged with the custody thereof. Whoever, being so subpoenaed, shall fail to appear or shall fail to produce any such box, shall be deemed guilty of a misdemeanor. The persons who are required to appear before the board of canvassers shall be paid the same fees and mileage as are paid circuit court witnesses in the county. They shall be paid by the political subdivision before whose board of canvassers they appear.
History:
1954, Act 116, Eff. June 1, 1955
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXIII - Chapter XXXIII Recounts (168.861...168.894) › 116-1954-XXXIII-COUNTY-CITY-TOWNSHIP-AND-VILLAGE-BOARDS-OF-CANVA - County, City, Township and Village Boards of Canvassers (168.861...168.877) › Section 168.871a - Challenge Raised by Candidate or Elector; Resolution; Petition Disagreeing With Resolution; Notice; Hearing; Ruling.

168.871a Challenge raised by candidate or elector; resolution; petition disagreeing with resolution; notice; hearing; ruling.
Sec. 871a.
If a proper challenge is raised by a candidate or an elector interested in a ballot question during a recount being conducted by the board of state canvassers, a member of the board of state canvassers or other representative designated by the board of state canvassers under section 890 shall resolve that challenge before the recount is completed in that county. A candidate or elector interested in a ballot question who is involved in the recount and who disagrees with the resolution of the challenge may petition the state board of canvassers for a de novo review of the challenge. The candidate or elector shall file a petition disagreeing with the resolution of a challenge not later than 5 business days after the board of state canvassers mails notice that the recount has been completed to the candidates or electors. Upon receipt of a petition disagreeing with the resolution of a challenge under this section, the board of state canvassers shall notify all candidates and electors involved in the recount of the date of the hearing of the board of state canvassers to consider the petition. The board of state canvassers shall allow the candidates and electors involved in the recount to present oral or written, or both, arguments on the challenge at the hearing. The board of state canvassers shall rule on the challenge at that meeting.
History:
Add. 1995, Act 261, Eff. Mar. 28, 1996
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXIII - Chapter XXXIII Recounts (168.861...168.894) › 116-1954-XXXIII-COUNTY-CITY-TOWNSHIP-AND-VILLAGE-BOARDS-OF-CANVA - County, City, Township and Village Boards of Canvassers (168.861...168.877) › Section 168.872 - Board of Canvassers; Investigation, Report to Prosecutor and Circuit Judge.

168.872 Board of canvassers; investigation, report to prosecutor and circuit judge.
Sec. 872.
Whenever a petition has been filed for a recount by any person conceiving himself aggrieved on account of any fraud, wrongdoing or violation of the law perpetrated or committed by any election inspector or inspectors or any other person in respect to said election for which said recount has been petitioned, in any primary or election, and it shall appear to the board of canvassers having jurisdiction over said recount that there is probably cause to believe that there has been fraud, wrongdoing or a violation of the law in respect to said election for which said recount has been petitioned, the said canvassers shall make full and complete investigation of the same. Said canvassers shall have full power and authority to subpoena witnesses and to open any ballot box, regardless of the condition in which the same may be found, and may break open, if sealed, the seal thereon and examine the ballots contained therein. If, after the investigation, said board has good reason to believe that any fraud, wrongdoing or a violation of the law has been committed in respect to said election, then said board of canvassers shall forthwith make a written report of their findings to the prosecuting attorney and to the circuit judge or judges of the county where the petitioner resides if it be a county, city, township or village election, and to the attorney general and to the circuit judge of the county of Ingham if it be a district or state election. Said reports shall be signed by each of the canvassers having jurisdiction of said recount, or a majority thereof. Pending the making of such report, the board of canvassers having jurisdiction of such recount shall carefully preserve and safeguard the ballot boxes and the ballots contained therein until an order of the court, to which said report was submitted, is made authorizing the disposition of the same. Any action taken in such investigation shall not preclude any official recount of the ballots cast at any such election, if otherwise allowed by the general election laws. The powers of investigation referred to in this section shall terminate with the completion of the recount.
History:
1954, Act 116, Eff. June 1, 1955 ;-- Am. 1965, Act 82, Imd. Eff. June 24, 1965
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXIII - Chapter XXXIII Recounts (168.861...168.894) › 116-1954-XXXIII-COUNTY-CITY-TOWNSHIP-AND-VILLAGE-BOARDS-OF-CANVA - County, City, Township and Village Boards of Canvassers (168.861...168.877) › Section 168.873 - Recount; Misconduct of Employees, Felony.

168.873 Recount; misconduct of employees, felony.
Sec. 873.
Any officer, assistant, clerk or employee engaged in the conduct of a recount who shall wilfully commit any act which shall interfere with a fair and impartial recount of the votes cast for a contested office, amendment or proposition shall be deemed guilty of a felony and subject to the penalties thereof.
History:
1954, Act 116, Eff. June 1, 1955
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXIII - Chapter XXXIII Recounts (168.861...168.894) › 116-1954-XXXIII-COUNTY-CITY-TOWNSHIP-AND-VILLAGE-BOARDS-OF-CANVA - County, City, Township and Village Boards of Canvassers (168.861...168.877) › Section 168.875 - Recount; Completion.

168.875 Recount; completion.
Sec. 875.
All recounts shall be completed for a primary election not later than the twentieth day and for any other election not later than the thirtieth day immediately following the last day for filing counter petitions or the first day that recounts may lawfully begin. As soon as the recount is completed, the board shall return any ballots to their respective containers and seal the containers. The board shall then return the ballots, voting devices, machines, any related keys, and seals to the officer or officers having the care and custody of those items.
History:
1954, Act 116, Eff. June 1, 1955 ;-- Am. 1965, Act 82, Imd. Eff. June 24, 1965 ;-- Am. 1995, Act 261, Eff. Mar. 28, 1996
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXIII - Chapter XXXIII Recounts (168.861...168.894) › 116-1954-XXXIII-COUNTY-CITY-TOWNSHIP-AND-VILLAGE-BOARDS-OF-CANVA - County, City, Township and Village Boards of Canvassers (168.861...168.877) › Section 168.876 - Recount; Returns by Board of Canvassers, Withdrawal of Petition; Final Report Open to Public Inspection.

168.876 Recount; returns by board of canvassers, withdrawal of petition; final report open to public inspection.
Sec. 876.
The returns made by the said board of canvassers upon recount shall be deemed to be correct, anything in the previous returns from such city, township, ward or precinct to the contrary Notwithstanding: Provided, however, That if the person petitioning for such recount shall withdraw his petition or discontinue the recount before the completion thereof, then in such event the original return shall be deemed to be correct regardless of any change shown by the recount at the time of the withdrawal of the petition or the discontinuance of such recount: Provided further, That the final report on the results of any recount shall be open to public inspection immediately following its certification by the board of canvassers.
History:
1954, Act 116, Eff. June 1, 1955
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXIII - Chapter XXXIII Recounts (168.861...168.894) › 116-1954-XXXIII-COUNTY-CITY-TOWNSHIP-AND-VILLAGE-BOARDS-OF-CANVA - County, City, Township and Village Boards of Canvassers (168.861...168.877) › Section 168.877 - Review of Apparent Error by Certiorari.

168.877 Review of apparent error by certiorari.
Sec. 877.
Any candidate for a county, city, ward, township or village office not receiving a certificate of election, or any qualified and registered elector voting at the last preceding election when any amendment or proposition has been voted on, may, for error apparent upon the face of the returns, have the same examined and corrected upon certiorari to the circuit court of the county, according to the rules and practices applicable to such writs.
History:
1954, Act 116, Eff. June 1, 1955
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXIII - Chapter XXXIII Recounts (168.861...168.894) › 116-1954-XXXIII-STATE-CANVASSERS - State Canvassers (168.878...168.894) › Section 168.878 - Construction of Sections; Action Against Board of State Canvassers by Mandamus.

168.878 Construction of sections; action against board of state canvassers by mandamus.
Sec. 878.
Nothing in the following sections of this chapter contained shall be construed to repeal any action or remedy which may now exist by reference of any controversy to the courts, except that any proceeding intended to restrain, enjoin, modify, control or otherwise interfere with the action of the board of state canvassers, the board of county canvassers or any other representative of the board of state canvassers operating under the provisions of the following sections of this chapter, shall be instituted only against the board of state canvassers and by no other action than mandamus.
History:
1954, Act 116, Eff. June 1, 1955
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXIII - Chapter XXXIII Recounts (168.861...168.894) › 116-1954-XXXIII-STATE-CANVASSERS - State Canvassers (168.878...168.894) › Section 168.879a - Section 168.879 Inapplicable to Presidential Primary Election.

168.879a Section 168.879 inapplicable to presidential primary election.
Sec. 879a.
Section 879 does not apply to a presidential primary election.
History:
Add. 1988, Act 275, Eff. Sept. 1, 1988
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXIII - Chapter XXXIII Recounts (168.861...168.894) › 116-1954-XXXIII-STATE-CANVASSERS - State Canvassers (168.878...168.894) › Section 168.880 - Recount of Votes; Petition by Elector on Constitutional Amendment or Question, Deadline, Contents.

168.880 Recount of votes; petition by elector on constitutional amendment or question, deadline, contents.
Sec. 880.
Any elector in this state who believes that there has been fraud or error committed by the inspectors of election in the return made by said inspectors or of any county canvassing board in the canvass of votes cast upon the question of a proposed amendment to the constitution or any other question or proposition, the votes for which are canvassed by the board of state canvassers, may, not later than 2 days after final certification and determination by the board of state canvassers of the canvass of votes cast at an election, present to and file with the secretary of state a written or printed petition which shall be sworn to by the elector presenting the same and which shall set forth as nearly as may be the nature and character of the fraud or error of which the complaint is made and the counties, cities or townships or the precincts thereof in which it is believed that the fraud or error occurred, and such petition shall contain a prayer that a correction thereof be made by a recount of the votes cast therein.
History:
1954, Act 116, Eff. June 1, 1955
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXIII - Chapter XXXIII Recounts (168.861...168.894) › 116-1954-XXXIII-STATE-CANVASSERS - State Canvassers (168.878...168.894) › Section 168.880a - Recount of Votes; Grounds; Notice to Candidates; Elections Involving Propositions Procedures.

168.880a Recount of votes; grounds; notice to candidates; elections involving propositions procedures.
Sec. 880a.
(1) A recount of all precincts in the state shall be conducted at any time a statewide primary or election shall be certified by the board of state canvassers as having been determined by a vote differential of 2,000 votes or less. This section shall not apply to partisan offices to which more than 1 person is to be elected.
(2) If the election is an election involving candidates, the board of state canvassers forthwith shall notify all candidates whose vote could be affected by the recount that a recount shall be conducted and of the time and place the board of state canvassers will meet to determine recount procedures.
(3) If the election involves a proposition, the board of state canvassers shall meet on the seventh day following certification at the office of the secretary of state for the purpose of determining procedures. Persons or groups interested in being authorized to have challengers and observers at the recount shall petition the board at that meeting to be considered interested parties for such purpose. The board at that meeting shall determine which persons or groups shall be considered interested parties for the recount of the proposition.
History:
Add. 1969, Act 268, Eff. Mar. 20, 1970
Popular Name:
Election Code