State Summary

Following statewide primary or general elections, recounts are initiated automatically in statewide offices and ballot measures when the vote differential is 2,000 votes or less. (This does not apply with respect to partisan offices where more than one individual is elected.) Candidates for a range of offices may petition for a recount outside of this close vote margin. The petition must “allege a good-faith belief that but for fraud or mistake, the candidate would have had a reasonable chance of winning the election.” Mich. Comp. Laws § 168.862. Party officials may also petition for recounts in elections for state senators and representatives where the vote margin is below a specific threshold. (See “Candidate-Initiated Options” for more information). Petition timing varies depending on the office; candidates whose offices are canvassed by the board of state canvassers or who are running for state legislator must file a petition for recount within 48 hours following the state canvass of votes. Any voter who alleges fraud or error in the canvass of votes may request a recount on ballot questions, propositions, or charter and constitutional amendments. Petition deadlines also vary for voter-initiated recounts; voters must file recount petitions within two days of certification regarding proposed constitutional amendments or other questions whose votes are canvassed by the board of state canvassers. State statute provides for the use of hand count or retabulation in recounts, though the default counting method is retabulation (see “Counting Method” for details). Recounts of general elections must generally be completed no later than “the thirtieth day immediately following the last day for filing counter petitions or the first day that recounts may lawfully begin.” Mich. Comp. Laws § 168.875.

Note that Public Act 74 (2024), which modified the state's recount provisions, will come into effect in 2025.

Counting Method

Mix of hand count and retabulation

Recounts conducted under the supervision of county canvassing boards are conducted using an electronic voting system unless one or more of certain conditions exist. These conditions are specified in statute and include discrepancies in the number of ballots issued and voted and discrepancies relating to the seals on ballot containers and transfer cases. Mich. Comp. Laws § 168.871(1).

Although the default method of counting is retabulation using an electronic voting system, Mich. Comp. Laws § 168.871(4) provides boards of canvassers with other options for counting ballots and states that recounts may be conducted by any, or any combination of the following means: a manual tally of the ballots; a tabulation of the ballots on a computer using a software application designed to specifically count only the office or ballot question subject to the recount; or a tabulation of the ballots on a computer using the same software application used in the precinct on election day.

Any recount conducted under the direction, supervision, and control of the state board of canvassers is conducted in the same manner (as far as applicable) as is provided for the conduct of recounts by county boards of canvassers. Mich. Comp. Laws § 168.891.

Initiating Mechanisms

Close vote margin
Candidate-initiated
Voter-initiated

Close Vote Margin Options

Vote count difference (not percentage-based)
Initiated automatically

For statewide offices and ballot measures, a taxpayer funded recount is initiated automatically when the vote differential is 2,000 votes or less, regardless of the number of votes cast in the election. This requirement applies to statewide primary or general elections, except for partisan offices in which more than one person is elected. Mich. Comp. Laws § 168.880a(1).

Timing: Mich. Comp. Laws § 168.880a. See also Mich. Comp. Laws § 168.46 for specifics related to presidential recounts, including the deadlines for a presidential candidate to apply for judicial relief if a recount alters the winner of a presidential election.

Candidate-Initiated Options

Candidate determines how many/which precincts to recount
Party official may also petition for candidate

Any candidate at the county, city, township or village level who believes he or she is aggrieved on account of fraud or mistake in the canvass or returns of the votes may apply for a recount of one or multiple precincts.

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.” Mich. Comp. Laws § 168.862.

A candidate for an office canvassed by the board of state canvassers, including the offices of U.S. Senator or U.S. Representative, as well as all state legislative offices may petition the board of state canvassers for a recount of the votes. The petition must allege that the candidate is “aggrieved on account of fraud or mistake in the canvass of the votes by the inspectors of election or the returns...” and that the candidate is "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.” Mich. Comp. Laws § 168.879(1). Mich. Comp. Laws § 168.879 does not apply to presidential primary candidates. Mich. Comp. Laws § 168.879a.

For elections for state senators and representatives, party officials may petition for recounts when the vote margin is 500 votes or less for senatorial contests and 200 votes or less for representative contests. In these cases the state political party chair may apply for a recount on behalf of the candidate and need not allege fraud or mistake. Mich. Comp. Laws § 168.879(2).

Timing: Mich. Comp. Laws §§ 168.879(1)(c), 168.866(3) and 168.875.

Voter-Initiated Options

Voters determine how many/which precincts to recount
Voters may request recounts for initiatives/questions

Any qualified and registered elector who alleges fraud or error in the canvass of the votes may request a recount on ballot questions, propositions, or charter and constitutional amendments, at the state, county, city, township, school district, community college district, or village, level. Mich. Comp. Laws §§ 168.880 and 168.863.

Timing: Mich. Comp. Laws §§ 168.880, 168.866(3) and 168.875.

Cost for Candidate-Initiated Recounts

Payor of costs depends on outcome

For candidate-initiated recounts under the authority of state or county boards of canvassers, the deposit per precinct is determined by the vote margin between the winning candidate and the petitioner. Mich. Comp. Laws §§ 168.867 and 168.881.

The entire deposit is refunded if the recount reverses the result of the election. Mich. Comp. Laws §§ 168.867(7) and 168.881(7).

Cost for Voter-Initiated Recounts

Payor of costs depends on outcome

For voter-initiated recounts under the authority of state or county boards of canvassers, the deposit per precinct is determined by the vote margin between the winning candidate and the petitioner. Mich. Comp. Laws §§ 168.867 and 168.881.

The entire deposit is refunded if the recount reverses the result of the election. Mich. Comp. Laws §§ 168.867(7) and 168.881(7).

Challengers and Observers

Party/candidate/initiator may appoint observers and challengers; recount is public

Recounts are public. Mich. Admin. Code 168.927 and Mich. Comp. Laws § 168.889.

Two representatives and one attorney for each recount initiator are allowed to observe the recount. Mich. Admin. Code r. 168.907 and 168.916. The role of these representatives in challenging ballots varies on the counting method used during the recount. During the use of voting machines, they do not have the ability to challenge individual ballots as they are counted, but they are allowed to dictate challenges and objections to the proceedings in the record of the recount, and to argue for these objections to the board of canvassers after the recounting is completed. Mich. Admin. Code r. 168.913 and 168.914.

Where ballots are recounted by hand, candidate and petitioner representatives “shall be afforded an opportunity to observe the opening of ballot boxes and each ballot as the votes are called and to make such notations on their private records as they may desire.” Mich. Admin. Code r. 168.916.

Any ballot under protest by any interested party’s representative “shall be identified…and be presented to the board of county canvassers for its decision. Representatives of each interested party shall be afforded an opportunity to submit authorities and argument to the board of county canvassers for counting or rejecting each such challenged ballot…." Mich. Admin. Code r. 168.925.

Rules for Determining Voter Intent

See Mich. Comp. Laws § 168.803 for guidelines on interpreting voter intent. Further details are provided in Mich. Admin. Code r. 168.923 and 168.924.

Resources

Mich. Comp. Laws § 168.46
Mich. Comp. Laws § 168.803
Mich. Comp. Laws § 168.862
Mich. Comp. Laws § 168.863
Mich. Comp. Laws § 168.866
Mich. Comp. Laws § 168.867
Mich. Comp. Laws § 168.871
Mich. Comp. Laws § 168.875
Mich. Comp. Laws § 168.879
Mich. Comp. Laws § 168.880
Mich. Comp. Laws § 168.880a
Mich. Comp. Laws § 168.881
Mich. Comp. Laws § 168.889
Mich. Comp. Laws § 168.891

Additional Resources

Michigan Compiled Laws - Chapter 168 - Election Law
Michigan Administrative Code--Elections
Michigan Secretary of State--Elections
Procedures and Duties of the Boards of County Canvassers