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counter petition; objections to recount petition; meeting; ruling; failure to give notice to
 opposing candidate or ballot question committee; withdrawal of recount petition.
 Sec. 868.
    (1) If a petitioner files a recount petition under section 862 or 863 and makes the deposit
 under section 867, the clerk of the board of county canvassers shall give notice of the recount
 petition to the opposing candidates described in this subsection or ballot question committees
 within 24 hours after the filing of the recount petition by emailing to each candidate or ballot
 question committee a copy of the recount petition. The clerk of the board of county canvassers
 is not required to give notice to candidates other than the 2 candidates who, according to the
 return of the board of county canvassers, received the lowest number of votes among those
 candidates who were nominated or elected, and the 2 candidates who, according to the return
 of the board of county canvassers, received the highest number of votes among those
 candidates who were not nominated or elected.
    (2) A candidate or ballot question committee may file a counter petition in the same manner
 as the original petition under section 866 within 48 hours after the original recount petition
 was filed with the board of county canvassers. At the time of filing the counter petition, the
 counter petitioner shall deposit the sum of money as required in section 867. The clerk of the
 board of county canvassers shall refund to the counter petitioner the money deposited by the
 counter petitioner if the recount does not change the result of the election. If a ballot question
 committee did not participate in an election in which a ballot question is on the ballot, any
 elector who voted in that election may file a recount counter petition in the same manner as
 provided for a ballot question committee under this section.
    (3) Not later than 48 hours after a recount petition has been filed under section 866, an
 opposing candidate or ballot question committee may file objections to the recount petition
 with the appropriate board of county canvassers. The opposing candidate or ballot question
 committee shall set forth the objections to the recount petition in writing. Upon receipt of an
 objection under this subsection, the board of county canvassers shall notify the petitioner and
 the objecting candidate or ballot question committee of the date of the meeting of the board of
 county canvassers to consider the objections. Subject to this subsection, the board of county
 canvassers shall allow the recount petitioner and the objecting candidate or ballot question
 committee to present oral or written, or both, arguments on the objections raised to the recount
 petition at the meeting. In order to be presented at the meeting, written arguments on the


                                                                    Michigan Compiled Laws Complete Through PA 9 of 2026
Rendered Thursday, April 30, 2026              Page 431 of 478                              Courtesy of legislature.mi.gov

 objections raised to the recount petition must be submitted in writing to the board of county
 canvassers before the meeting. Not later than 4 calendar days following the deadline to file
 objections to the recount petition, the board of county canvassers shall rule on the objections
 raised to the recount petition.
    (4) If the time designated for filing a recount petition or counter recount petition falls on a
 Saturday, Sunday, or legal holiday, the recount petition or counter recount petition may be
 filed on the next succeeding business day. Failure of the clerk of the board of county
 canvassers or the secretary of state to give notice to the opposing candidate or ballot question
 committee as required in this section does not affect the results of the recount.
    (5) A candidate, ballot question committee, or elector may withdraw a recount petition or
 counter recount petition at any time.