§ 168.867Recount petition; filing; deposit; adjustment of deposit; refund; disposition of

sum deposited.
 Sec. 867.
    (1) A recount petition under section 862 or 863 must be filed with the clerk of the
 appropriate board of county canvassers. Except as otherwise provided in this section, at the
 time of filing the recount petition, the petitioner shall deposit with the clerk the sum of $50.00
 for each precinct referred to in the petitioner's recount petition.
    (2) If 1 candidate is to be elected to the office and the official canvass of votes shows that
 the number of votes separating the winning candidate and the petitioner is more than 75 votes


                                                                     Michigan Compiled Laws Complete Through PA 9 of 2026
Rendered Thursday, April 30, 2026              Page 429 of 478                               Courtesy of legislature.mi.gov

 or 5.0% of the total number of votes cast in the race, whichever is greater, the petitioner shall
 deposit with the clerk the sum of $500.00 for each precinct referred to in the petitioner's
 recount petition. For purposes of this subsection, the winning candidate in a primary for a
 nonpartisan office where only 1 candidate will be elected means the candidate nominated with
 the lesser number of votes.
    (3) Subject to subsection (2), if 1 candidate is to be elected to the office and the official
 canvass of votes shows that the number of votes separating the winning candidate and the
 petitioner is more than 50 votes or 0.5% of the total number of votes cast in the race,
 whichever is greater, the petitioner shall deposit with the clerk the sum of $250.00 for each
 precinct referred to in the petitioner's recount petition. For purposes of this subsection, the
 winning candidate in a primary for a nonpartisan office where only 1 candidate will be elected
 means the candidate nominated with the lesser number of votes.
    (4) If more than 1 candidate is to be elected to the office and the official canvass of votes
 shows that the number of votes separating the winning candidate who received the least
 number of votes and the petitioner is more than 75 votes or 5.0% of the sum of the number of
 votes received by the 2 candidates, whichever is greater, the petitioner shall deposit with the
 clerk the sum of $500.00 for each precinct referred to in the petitioner's recount petition.
    (5) Subject to subsection (4), if more than 1 candidate is to be elected to the office and the
 official canvass of votes shows that the number of votes separating the winning candidate who
 received the least number of votes and the petitioner is more than 50 votes or 0.5% of the sum
 of the number of votes received by the 2 candidates, whichever is greater, the petitioner shall
 deposit with the clerk the sum of $250.00 for each precinct referred to in the petitioner's
 recount petition.
    (6) If the vote is on a ballot question and the official canvass of votes shows that the number
 of votes separating the "yes" votes and the "no" votes is more than 75 votes or 5.0% of the
 total number of votes cast on the ballot question, whichever is greater, the petitioner shall
 deposit with the clerk the sum of $500.00 for each precinct referred to in the petitioner's
 recount petition.
    (7) Subject to subsection (6), if the vote is on a ballot question and the official canvass of
 votes shows that the number of votes separating the "yes" votes and the "no" votes is more
 than 50 votes or 0.5% of the total number of votes cast on the ballot question, whichever is
 greater, the petitioner shall deposit with the clerk the sum of $250.00 for each precinct referred
 to in the petitioner's recount petition.
    (8) Beginning January 1, 2027 and every 4 years thereafter, the secretary of state shall
 adjust each deposit amount provided in subsections (1) to (7) by comparing the percentage
 increase or decrease in the Consumer Price Index for the preceding August by the
 corresponding Consumer Price Index 4 years earlier. The secretary of state shall multiply that
 percentage change by each deposit amount in subsections (1) to (7). The secretary of state
 shall round up each dollar value adjustment made to the nearest $10.00. The secretary of state
 shall announce the adjustments made by December 15 of each year in which an adjustment is
 made. As used in this subsection, "Consumer Price Index" means the most comprehensive
 index of consumer prices available for this state from the Bureau of Labor Statistics of the
 United States Department of Labor.
    (9) If, by reason of the recount, the petitioner establishes sufficient error to change the result
 of the election, the clerk of the board of county canvassers shall refund the money deposited to
 the petitioner.
    (10) If a refund is not made as required under subsection (9), the sum deposited must be
 paid by the clerk of the board of county canvassers to the treasurer of the county.


                                                                 Michigan Compiled Laws Complete Through PA 9 of 2026
Rendered Thursday, April 30, 2026            Page 430 of 478                             Courtesy of legislature.mi.gov

    (11) If a precinct referred to in the petition is determined "not recountable" as provided in
 section 871(3) or, subject to subsection (12), if a precinct referred to in the petition is not
 recounted due to the withdrawal of the petition, the money deposited for the recount of that
 precinct must be refunded to the petitioner.
    (12) If the votes cast on the ballots voted in a precinct have been examined and recounted,
 the withdrawal of the petition must not result in a refund of the money deposited for the
 recount of that precinct.