State Summary
In 2012, Michigan passed a provision for an optional post-election audit. Mich. Comp. Laws § 168.31a. As amended in 2018, the statute stipulates that the secretary of state must “prescribe the procedures for election audits that include reviewing the documents, ballots, and procedures used during an election,” explicitly including a partial “audit of the results.” Mich. Comp. Laws. § 168.31a(2). Notably, the Michigan Constitution provides for a “right to have the results of statewide elections audited, in such a manner as prescribed by law, to ensure the accuracy and integrity of elections.” M.I. Const. art. II, § 4, cl. 1. Although the audit statute does not specify, the procedures have required this audit of results to be a hand count. Michigan Post-Election Audit Manual.
In 2018, Michigan began implementing administrative risk-limiting audit pilots for local elections on an increasing scale. The state conducted its first statewide RLA pilots of the 2020 presidential primary and general elections. Michigan continues to pilot post-certification RLAs administratively.
Unless otherwise specified, references are to the Michigan Post-Election Audit Manual.
Voting Systems Used
Michigan uses hand-marked paper ballots and optical scanners statewide, with ballot marking devices for accessibility. For the most up to date information please visit Verified Voting’s Verifier.
For an explanation on the types of voting equipment used, click here.
Audit Comprehensiveness
A procedural audit is required to include an audit of the results in at least one race in each precinct randomly selected for audit and at least one statewide race or ballot question for statewide elections. Mich. Comp. Laws § 168.31a(2). The audit reviews procedures performed before, during, and after the conduct of an election. Michigan also commenced risk-limiting audit pilots beginning in 2018.
Transparency
The audits are conducted in a public location. Also, precinct level results are required to be made public “to interested persons who may be present,” after the precinct-level count. Mich. Comp. Laws § 168.807.
Audit Counting Method
The post-election audit manual specifies that the tabulation audit is conducted by hand count. Michigan Post-Election Audit Manual.
Type Of Audit Units
Michigan randomly samples precincts for audit. The audit reviews procedures performed before, during, and after the conduct of an election, as well as results. Mich. Comp. Laws § 168.31a(2).
Contests & Issues Audited
The procedural audit includes an audit of the results in at least one race in each precinct randomly selected for audit and at least one statewide race or ballot question for statewide elections. Mich. Comp. Laws § 168.31a(2).
Addressing Discrepancies
Discrepancies discovered as part of the procedural audit will be used to develop training for the future. The audit of voted ballots will reinforce accuracy and security of the voting system. Michigan Post-Election Audit Manual, p. 3.
For recount laws, see our Recount Law Database.
Timeline
The audit is completed after the canvass. The post-election audit must be conducted within 30 days of canvass completion unless a recount has been ordered. Michigan Post-Election Audit Manual, p. 4. (This date could fall either before or after results are finalized, but there is no statutory mechanism by which the audit could lead to a recount.)
Binding On Official Outcomes
The audit has no bearing on certified election results.
Oversight & Conduct
The secretary of state and the county clerks audit precincts after an election.
Ballot Protection
Michigan retains strict chain of custody laws that, if not observed, affect the validity of ballots to be recounted if necessary. Mich. Comp. Laws § 168.871(1). After the polls close on election day, the precinct board of election inspectors shall shall place the ballots in the ballot container. The board of election inspectors shall seal the container with an approved seal and then deliver the container to the township or city clerk. For more information, see Mich. Comp. Laws § 168.805.
Additional Targeted Samples
In addition to the random sample, the Bureau of Elections may select additional precincts to be audited at the state level. Michigan Post-Election Audit Manual, p. 3.
Resources
Mich. Comp. Laws. § 168.31a and Michigan Post-Election Audit Manual: Audit provisions
Mich. Comp. Laws § 168.871 and Mich. Comp. Laws § 168.805: Ballot protection
Last reviewed: November 4, 2024