SENATE BILL No. 1458

September 26, 2002, Introduced by Senator BYRUM and referred to the Committee on Government

Operations.

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 862, 868, 879, 881, 882, and 894 (MCL

168.862, 168.868, 168.879, 168.881, 168.882, and 168.894), sec-

tions 868, 881, and 882 as amended by 1995 PA 261 and section 879

as amended by 1999 PA 216, and by adding section 877a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 862. (1) A candidate for any AN office, including a

2 candidate at all school elections, except an election for board

3 members in a primary school district, at any A primary or

4 ELECTION, SPECIAL ELECTION, OR GENERAL election, conceiving

5 himself WHO BELIEVES HE OR SHE IS aggrieved on account of fraud

6 or mistake in the canvass of the votes by the ELECTION

7 inspectors, of election, or in the returns made thereon ON

8 THE ELECTION by the ELECTION inspectors, may petition for a

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1 recount of the votes cast for that office in any precinct or

2 precincts as provided in this chapter.

3 (2) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, IF THE

4 ELECTION RETURNS FOR AN OFFICE INDICATE THAT A CANDIDATE WAS

5 DEFEATED OR ELIMINATED BY 1/10 OF 1% OR LESS OF THE VOTES CAST

6 FOR THE OFFICE, THE BOARD OF CANVASSERS RESPONSIBLE FOR CERTIFY-

7 ING THE ELECTION RETURNS FOR THAT OFFICE SHALL ORDER A RECOUNT OF

8 THE VOTES CAST FOR THAT OFFICE. THE RESPONSIBLE BOARD OF CAN-

9 VASSERS SHALL NOT ORDER A RECOUNT UNDER THIS SUBSECTION IF,

10 WITHIN 48 HOURS AFTER THE ORIGINAL CANVASS IS COMPLETED, EACH

11 CANDIDATE WHO WAS DEFEATED OR ELIMINATED BY 1/10 OF 1% OR LESS OF

12 THE VOTES CAST REQUESTS IN WRITING THAT THE BOARD OF CANVASSERS

13 NOT ORDER THE RECOUNT.

14 (3) SUBSECTION (2) DOES NOT APPLY TO A PRECINCT THAT USES A

15 DIRECT RECORDING TYPE OF ELECTRONIC VOTING SYSTEM THAT UTILIZES A

16 TOUCH SCREEN. AS USED IN THIS SUBSECTION, "TOUCH SCREEN" MEANS

17 AN ELECTRONIC DISPLAY MONITOR THAT IS PART OF A DIRECT RECORDING

18 VOTING SYSTEM AND ENABLES A VOTER TO VOTE FOR A CANDIDATE BY

19 TOUCHING A DESIGNATED PORTION OF THE DISPLAY MONITOR.

20 Sec. 868. (1) If a candidate has filed a recount petition

21 and made the deposit under sections 862 and 866, OR IF A RECOUNT

22 IS ORDERED BY THE RESPONSIBLE BOARD OF CANVASSERS UNDER SECTION

23 862, the clerk of the board of canvassers shall give notice of

24 the recount petition OR ORDER to the opposing candidates

25 described in this subsection within 24 hours after filing of the

26 petition OR ORDERING OF THE RECOUNT by delivering to each

27 candidate a copy of the recount petition , or, if OR ORDER. IF

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1 the candidate cannot be found, NOTICE MAY BE GIVEN by leaving a

2 copy at the candidate's last known place of residence with a

3 member of the candidate's immediate family of suitable age. If a

4 member of the candidate's family cannot be found, the clerk of

5 the board of canvassers may give notice by posting the recount

6 petition OR ORDER in a conspicuous place at the candidate's last

7 known place of residence. The clerk of the board of canvassers

8 is not required to give notice to candidates other than the 2

9 candidates who, according to the return of the board of canvass-

10 ers, received the lowest number of votes among those candidates

11 who were nominated or elected, and the 2 candidates who, accord-

12 ing to the return of the board of canvassers, received the high-

13 est number of votes among those candidates who were not nominated

14 or elected.

15 (2) A candidate may file a counter petition in the same

16 manner as the original petition under section 866 within 48 hours

17 after the original recount petition was filed with the board of

18 canvassers. At the time of filing the counter petition, the

19 counter petitioner shall deposit the sum of money as required in

20 section 866 867 for the original petitioner. The clerk of the

21 board of canvassers shall refund to the counter petitioner the

22 money deposited by the counter petitioner if the original peti-

23 tioner does not establish fraud or receive a certificate of

24 election. Except as otherwise provided in this subsection, the

25 counter petitioner shall file a copy of the counter petition with

26 the secretary of state within 4 days after the time the original

27 petition is filed with the proper board of canvassers as provided

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1 in this section. If the office or ballot question in question is

2 a city, township, ward, village, or district office or ballot

3 question, the counter petitioner is not required to file a copy

4 of the counter petition with the secretary of state.

5 (3) On or before 4 p.m. of the seventh day after a recount

6 petition has been filed under section 866 OR ORDERED UNDER SEC-

7 TION 862, an opposing candidate may file objections to the

8 recount petition with the appropriate board of canvassers. The

9 opposing candidate shall set forth his or her objections to the

10 recount petition in writing. Upon receipt of an objection under

11 this subsection, the board of canvassers shall notify the peti-

12 tioner OR EACH CANDIDATE WHO WAS DEFEATED OR ELIMINATED BY 1/10

13 OF 1% OR LESS OF THE VOTES CAST FOR THE OFFICE and the objecting

14 candidate of the date of the hearing of the board of canvassers

15 to consider the objections. The board of canvassers shall allow

16 the recount petitioner OR A CANDIDATE WHO WAS DEFEATED OR ELIMI-

17 NATED BY 1/10 OF 1% OR LESS OF THE VOTES CAST FOR THE OFFICE and

18 the objecting candidate to present oral or written, or both,

19 arguments on the objections raised to the recount petition at the

20 hearing. Not later than 5 business days following the hearing,

21 the board of canvassers shall rule on the objections raised to

22 the recount petition. The board of canvassers shall not begin a

23 recount unless 2 or more business days have elapsed since the

24 board ruled on the objections under this subsection, if

25 applicable.

26 (4) If the time designated for filing a petition under this

27 section falls on a Saturday, Sunday, or legal holiday, the

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1 petition may be filed on the next succeeding FOLLOWING business

2 day. Failure of the clerk of the board of canvassers or the sec-

3 retary of state to give notice to the opposing candidate as

4 required in this section shall DOES not affect the results of

5 the recount.

6 SEC. 877A. THE COST OF A RECOUNT UNDER SECTION 862(2) SHALL

7 BE BORNE BY THE SCHOOL DISTRICT, CITY, TOWNSHIP, OR VILLAGE HOLD-

8 ING THE ELECTION. UPON RECEIVING A BILL FOR THE COSTS INCURRED

9 BY THE COUNTY BOARD OF CANVASSERS, THE SCHOOL DISTRICT, CITY,

10 TOWNSHIP, OR VILLAGE HOLDING THE ELECTION SHALL REIMBURSE THE

11 COUNTY TREASURER.

12 Sec. 879. (1) A candidate voted for at a primary or elec-

13 tion for an office may petition for a recount of the votes if all

14 of the following requirements are met:

15 (a) The office is an office for which the votes are can-

16 vassed by the board of state canvassers under section 841 or is

17 the office of representative in Congress CONGRESS, state repre-

18 sentative, or state senator for a district located wholly

19 COMPLETELY within 1 county.

20 (b) The petition alleges that the candidate is aggrieved on

21 account of fraud or mistake in the canvass of the votes by the

22 inspectors of election or the returns made by the inspectors, or

23 by a board of county canvassers or the board of state

24 canvassers. The petition shall contain specific allegations of

25 wrongdoing only if evidence of that wrongdoing is available to

26 the petitioner. If evidence of wrongdoing is not available, the

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1 petitioner is only required to allege fraud or a mistake in the

2 petition without further specification.

3 (c) Except as otherwise provided in this subdivision, the

4 petition for a recount is filed not later than 48 hours following

5 the completion of the canvass of votes cast at an election. If

6 the recount petition relates to a state senatorial or representa-

7 tive district located wholly COMPLETELY within 1 county or to

8 the district of a representative in Congress CONGRESS located

9 wholly COMPLETELY within 1 county, the petition for a recount

10 shall be filed not later than 48 hours following the adjournment

11 of the meeting of the board of state canvassers at which the cer-

12 tificate of determination for that office was recorded pursuant

13 to AS PROVIDED IN section 841. However, for a special election

14 for representative in Congress CONGRESS, state senator, or

15 state representative for a district located wholly COMPLETELY

16 within 1 county, the petition for recount shall be filed not

17 later than 48 hours after the certificate of determination is

18 filed with the secretary of the board of state canvassers.

19 (d) The petition is presented to and filed with the secre-

20 tary of state.

21 (e) The petition is written or printed and is signed and

22 sworn to by the candidate.

23 (f) The petition sets forth as nearly as possible the nature

24 and character of the fraud or mistakes alleged and the counties,

25 cities, or townships and the precincts in which they exist.

26 (g) The petition specifies the counties, cities, townships,

27 and precincts in which the recount is requested.

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1 (h) If the office is the office of state representative, a

2 copy of the petition is filed with the clerk of the house of

3 representatives. If the office is the office of state senator, a

4 copy of the petition shall be IS filed with the secretary of

5 the senate.

6 (2) If a state senatorial race is determined by a vote dif-

7 ferential of 500 votes or less or a state representative race is

8 determined by a vote differential of 200 votes or less, the

9 chairperson of a state political party may petition for a recount

10 of the votes on behalf of a candidate in that race in the manner

11 prescribed in subsection (1). Notwithstanding subsection (1)(b)

12 and (f), the petition filed under this subsection need not allege

13 fraud or mistake. Notwithstanding subsection (1)(e), the peti-

14 tion shall be signed by the chairperson of the state political

15 party filing the petition under this subsection.

16 (3) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, IF THE

17 ELECTION RETURNS FOR AN OFFICE INDICATE THAT A CANDIDATE WAS

18 DEFEATED OR ELIMINATED BY 1/10 OF 1% OR LESS OF THE VOTES CAST

19 FOR THE OFFICE, THE BOARD OF CANVASSERS RESPONSIBLE FOR CERTIFY-

20 ING THE ELECTION RETURNS FOR THAT OFFICE SHALL ORDER A RECOUNT OF

21 THE VOTES CAST FOR THAT OFFICE. THE RESPONSIBLE BOARD OF CAN-

22 VASSERS SHALL NOT ORDER A RECOUNT UNDER THIS SUBSECTION IF,

23 WITHIN 48 HOURS AFTER THE ORIGINAL CANVASS IS COMPLETED, EACH

24 CANDIDATE WHO WAS DEFEATED OR ELIMINATED BY 1/10 OF 1% OR LESS OF

25 THE VOTES CAST REQUESTS IN WRITING THAT THE BOARD OF CANVASSERS

26 NOT ORDER THE RECOUNT.

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1 (4) SUBSECTION (3) DOES NOT APPLY TO A PRECINCT THAT USES A

2 DIRECT RECORDING TYPE OF ELECTRONIC VOTING SYSTEM THAT UTILIZES A

3 TOUCH SCREEN. AS USED IN THIS SUBSECTION, "TOUCH SCREEN" MEANS

4 AN ELECTRONIC DISPLAY MONITOR THAT IS PART OF A DIRECT RECORDING

5 VOTING SYSTEM AND ENABLES A VOTER TO VOTE FOR A CANDIDATE BY

6 TOUCHING A DESIGNATED PORTION OF THE DISPLAY MONITOR.

7 (5) (3) The ballots in a precinct petitioned for recount

8 in a legislative contest shall be recounted for that office by

9 the board of state canvassers and shall be preserved until the

10 contest is disposed of under the rules of the legislative body

11 that takes office beginning in January following the contested

12 general election. In legislative recounts of a special general

13 election, ballots in a precinct petitioned for recount shall be

14 preserved until the contest is disposed of under the rules of the

15 legislative body serving at the time the report in subsection

16 (4) (6) is filed.

17 (6) (4) Upon the completion of a recount for a legislative

18 office, the board of state canvassers, in addition to the certi-

19 fication required by section 892, shall forward to the appropri-

20 ate legislative body a report of the results of the recount.

21 (7) (5) This section does not limit the authority of the

22 legislature under section 16 of article IV of the state constitu-

23 tion of 1963.

24 Sec. 881. (1) A person filing a recount petition pursuant

25 to AS PROVIDED IN section 879 or 880 shall file the petition

26 with the SECRETARY OF state, bureau of elections. At the time of

27 filing the petition, the petitioner shall deposit the sum of

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1 $10.00 for each precinct in which a recount of the votes is

2 demanded in cash or by check or other negotiable instrument made

3 payable to the state of Michigan.

4 (2) If, by reason of the recount, the petitioner establishes

5 fraud or mistake as set forth in his or her petition and receives

6 a certificate of election or establishes sufficient fraud or mis-

7 take to change the result, upon an amendment or proposition, the

8 votes for and against, which were recounted, the SECRETARY OF

9 state, bureau of elections shall refund the money deposited to

10 the petitioner. The secretary of state shall refund the money

11 deposited to a petitioner who is a chairperson of a state politi-

12 cal party if the results of the race for which a recount was

13 petitioned for under section 879 are changed. If a refund is not

14 made as required by this section, then the secretary of state

15 shall pay to the treasurer of each county its proportionate share

16 of the deposit based upon the number of precincts in the county

17 in which the votes were recounted.

18 Sec. 882. (1) If a candidate has filed a recount petition

19 and paid the deposit under sections 879 and 881, OR A RECOUNT WAS

20 ORDERED UNDER SECTION 879, the secretary of state shall give

21 notice of the recount petition OR ORDER to each opposing candi-

22 date within 48 hours after the filing of the petition OR ORDERING

23 OF THE RECOUNT by delivering to each candidate a copy of the

24 recount petition, or, if the candidate cannot be found, by leav-

25 ing a copy at the candidate's last known place of residence with

26 a member of the candidate's immediate family of suitable age. If

27 a member of the candidate's family cannot be found, the secretary

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1 of state may give notice by posting the recount petition OR THE

2 ORDER FOR RECOUNT in a conspicuous place at the candidate's last

3 known place of residence.

4 (2) A candidate may file a counter petition in the same

5 manner as the original petition under section 881 not later than

6 4 p.m. of the seventh day after the original recount petition has

7 been filed with the secretary of state. At the time of filing

8 the counter petition, the counter petitioner shall deposit the

9 sum of money as required in section 881 for the original

10 petitioner. The secretary of state shall refund to the counter

11 petitioner the money deposited by the counter petitioner if the

12 original petitioner does not establish fraud or receive a certif-

13 icate of election.

14 (3) On or before 4 p.m. of the seventh day after a recount

15 petition has been filed under section 881 OR ORDERED UNDER SEC-

16 TION 879, an opposing candidate may file objections to the

17 recount petition with the board of state canvassers. The oppos-

18 ing candidate shall set forth his or her objections to the

19 recount petition in writing. Upon receipt of an objection under

20 this subsection, the board of state canvassers shall notify the

21 petitioner OR EACH CANDIDATE WHO WAS DEFEATED OR ELIMINATED BY

22 1/10 OF 1% OR LESS OF THE VOTES CAST FOR THE OFFICE and the

23 objecting candidate of the date of the hearing of the board of

24 state canvassers to consider the objections. The board of state

25 canvassers shall allow the recount petitioner OR A CANDIDATE WHO

26 WAS DEFEATED OR ELIMINATED BY 1/10 OF 1% OR LESS OF THE VOTES

27 CAST FOR THE OFFICE and the objecting candidate to present oral

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1 or written, or both, arguments on the objections raised to the

2 recount petition at the hearing. Not later than 5 business days

3 following the hearing, the board of state canvassers shall rule

4 on the objections raised to the recount petition. The board of

5 state canvassers shall not begin a recount unless 2 or more busi-

6 ness days have elapsed since the board ruled on the objections

7 under this subsection, if applicable.

8 Sec. 894. (1) All EXCEPT AS PROVIDED IN SUBSECTION (2),

9 ALL expenses incurred in the conduct of the recount of such

10 votes UNDER SECTIONS 878 TO 893 in any A county shall be paid

11 by the county. All expenses in connection with the direction,

12 supervision and control of such THE recount by the board of

13 state canvassers shall be paid from the general fund of the state

14 on vouchers to be approved and audited by the state board of

15 canvassers.

16 (2) THE COST OF A RECOUNT UNDER SECTION 879(3) SHALL BE

17 BORNE BY THE SCHOOL DISTRICT, CITY, TOWNSHIP, OR VILLAGE HOLDING

18 THE ELECTION. UPON RECEIVING A BILL FOR THE COSTS INCURRED BY

19 THE COUNTY BOARD OF CANVASSERS, THE SCHOOL DISTRICT, CITY, TOWN-

20 SHIP, OR VILLAGE HOLDING THE ELECTION SHALL REIMBURSE THE COUNTY

21 TREASURER.

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