Recount laws in Michigan

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An election recount is a process by which votes cast in an election are re-tabulated to verify the accuracy of the original results. Recounts typically occur in the event of a close margin of victory, following accusations of election fraud, or due to the possibility of administrative errors. Recounts can either occur automatically or be requested by a candidate or voters.


Note: The content below describes recount procedures in Michigan. The information on this page is not intended to serve as a manual for those seeking to start or halt a recount; individuals seeking more information about specific processes and requirements should contact their state election agencies.

Summary of recount laws

The list below shows answers to common questions regarding recounts in Michigan.[1]

  • Does state law require automatic recounts?
    • Yes, when the difference between the winning and next closest candidate is less than or equal to 2,000 votes. This applies to statewide ballot measures and all statewide offices with exactly one winner except presidential primaries.
  • When must an automatic recount be completed?
    • The deadline to complete a recount is no later than 20 days (primary) or 30 days (general) after either the last day to file counter petitions or the first day that recounts may begin.
  • Can a recount be requested?
    • Yes, the recount can be requested within 48 hours after the canvass. Requirements vary based on election and office type, described below. The deadline to complete a recount is no later than 20 days (primary) or 30 days (general) after either the last day to file counter petitions or the first day that recounts may begin.
  • Who pays for a requested recount?
    • The requester.
  • Is a refund available for requested recount costs?
    • Yes. Costs paid by the requester are refunded if the recount changes the election outcome. If during the course of a recount, a precinct is deemed not recountable or is not recounted due to the withdrawal of the request, the costs paid by the requester to recount that precinct are refunded.
  • Can a partial recount be requested?
    • Yes.

Michigan recount procedures

Automatic recount procedures

Automatic recounts are required under the following conditions:

“

A recount of all precincts in the state is automatically conducted if the difference between the number of votes received by a candidate nominated or elected to a statewide office and the number of votes received by the second place candidate is 2,000 votes or less. The provision does not extend to the office of State Board of Education, University of Michigan Regent, Michigan State University Trustee or Wayne State University Governor. A recount of all precincts in the state is similarly conducted if the difference between the “Yes” vote and the “No” vote cast on a statewide ballot proposal is 2,000 votes or less. [2]

”
—Michigan Bureau of Elections

The deadline to complete a recount is no later than 20 days (primary) or 30 days (general) after either the last day to file counter petitions or the first day that recounts may begin.[3]

This provision does not apply to presidential primary elections.[4]

Requested recount procedures

A candidate can request a recount if all of the following conditions are met:[5]

  1. The candidate ran for one of the following offices: president and vice president, state executive (e.g., governor), U.S. Senate, U.S. House, circuit judges, or state senators and state representatives elected from districts that span more than one county[6]
  2. The request "alleges that the candidate is aggrieved on account of fraud or mistake in the canvass of the votes"
  3. The request "shall contain specific allegations of wrongdoing only if evidence of that wrongdoing is available to the petitioner. If evidence of wrongdoing is not available, the petitioner is only required to allege fraud or a mistake in the petition without further specification."
  4. The request "sets forth as nearly as possible the nature and character of the fraud or mistakes alleged and the counties, cities, or townships and the precincts in which they exist."
  5. The request "specifies the counties, cities, townships, and precincts in which the recount is requested."


Additionally, if a state Senate race is determined by 500 votes or fewer or a state House race is determined by 200 votes or fewer, a state party chair may request a recount following the guidelines described above.[5] Voters may also request recounts for ballot measures following guidelines similar to the above.

The requester is responsible for costs associated with the recount unless the recount changes the election outcome, in which case the costs are refunded. If during the course of a recount, a precinct is deemed not recountable or is not recounted due to the withdrawal of the request, the costs paid by the requester to recount that precinct are refunded.[7]

The deadline to request a recount is no later than 48 hours following completion of the canvass of votes. The deadline to complete a recount is no later than 20 days (primary) or 30 days (general) after either the last day to file counter petitions or the first day that recounts may begin.[8]

For more information about recount procedures in Michigan, click here.

Michigan voting equipment

See also: Voting methods and equipment by state

Michigan uses paper ballots for its elections. To learn more about voting methods and equipment in Michigan and other states, see this article.[9]

50-state overview of recount laws

The table below summarizes where state laws allow for automatic and requested recounts. Click "show" to view the table.


50-state overview of requested recounts

The table below summarizes how requested recounts are paid for and whether it is possible for candidates to request a partial recount. Click "show" to view the table.


See also

Footnotes

  1. ↑ Michigan State Legislature, "168.879-894," accessed October 16, 2020
  2. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. ↑ Michigan Legislature, "Section 168.875," accessed Oct. 19, 2020
  4. ↑ Michigan State Legislature, "MI Comp L § 168.879a (2019)," accessed Oct. 20, 2020
  5. ↑ 5.0 5.1 Michigan Election Law, "Section 168.879," accessed December 2, 2016
  6. ↑ Michigan Election Law, "Section 168.841," accessed December 2, 2016
  7. ↑ Center for Election Integrity Minnesota, "Michigan Recount Laws," updated February 2016
  8. ↑ Michigan Legislature, "Section 168.875," accessed Oct. 19, 2020
  9. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed August 6, 2018
  10. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  11. ↑ A court may order a recount under Arizona law.
  12. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  13. ↑ A recount alone cannot change the election results, but can be used to contest the election. At the end of that process, the court may choose not to levy costs against the prevailing party.
  14. ↑ Recounts occur as part of a contested election. A requester may be required to cover costs before the start of such an event. The court may choose to require the unsuccessful party in a contested election to cover the costs, which could involve a refund to the requester if he or she is the successful party.
  15. ↑ In the case of a court-ordered recount, candidates must pay, but will be refunded if the outcome changes. Regarding non-court-ordered recounts, state law does not mention whether the candidate is refunded in such a case.
  16. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  17. ↑ For local and county ballot measure elections, state law does not mention the possibility of a refund. For all other recounts, costs paid by the requester are refunded if the recount changes the election outcome.
  18. ↑ No mention in state law.
  19. ↑ No mention in state law.
  20. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
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