§ 168.883aRecount vote challenges; appeal; petition for de novo review; notice; meeting

Sec. 883a.
    (1) A candidate or a ballot question committee that participated in a ballot question election
 may make a challenge to the board of county canvassers of a determination to count or not
 count a specific vote on a ballot for a candidate or for or against a ballot question subject to
 the recount. Before the completion of the recount in that county, the board of county
 canvassers must hear arguments on the challenge and decide, as provided under section 803,
 whether to accept or reject the challenge. A candidate or ballot question committee aggrieved
 by the decision of the board of county canvassers may appeal the decision to the representative
 designated by the board of state canvassers under section 890. The representative designated
 by the board of state canvassers may, as provided under section 803, confirm, reject, or modify
 the decision of the board of county canvassers.
    (2) A candidate or ballot question committee that participated in a ballot question that is
 involved in the recount and that disagrees with the resolution of a challenge made under
 subsection (1) may petition the board of state canvassers for a de novo review of the
 challenge. The candidate or ballot question committee shall file a petition disagreeing with the
 resolution of the challenge with the representative designated by the board of state canvassers
 before the completion of the recount by the board of county canvassers. Subject to this
 subsection, the petition must specify the substance of the challenge and request a de novo
 review by the board of state canvassers. The board of state canvassers shall accept petitions for
 a de novo review only of challenges that concern the determination of how a specific vote on a
 ballot for a candidate or for or against a ballot question is counted.
    (3) Upon receipt of a petition under subsection (2), the representative of the board of state
 canvassers shall make an exhibit detailing the resolution of the challenge that includes the
 ballot, which must be securely sealed in an exhibit envelope and retained by the
 representative. The representative of the board of state canvassers shall provide the county
 clerk with a receipt for the ballot that is subject to challenge.



                                                                     Michigan Compiled Laws Complete Through PA 9 of 2026
Rendered Thursday, April 30, 2026              Page 443 of 478                               Courtesy of legislature.mi.gov

    (4) The board of state canvassers shall notify all candidates and ballot question committees
 involved in the recount, in the same manner that notice of the recount was given, of the date of
 the meeting of the board of state canvassers to consider the petition. The board of state
 canvassers shall allow the candidates and ballot question committees involved in the recount
 to present oral and written arguments on the challenges at the meeting. The board of state
 canvassers shall hear the challenge and rule on the challenge at the meeting only if the total
 number of challenges submitted to the board of state canvassers could change the result of the
 election.