TrustVoting Atlas

canvassers; issuance by governor; exception mandatory recount; superseding certificate.
 Sec. 46.
    (1) As soon as practicable after the board of state canvassers has, by the official canvass,
 ascertained the result of an election as to the electors of President and Vice President of the
 United States, but not less than 6 days before the date on which the electors for President and
 Vice President of the United States are to convene under section 47, the governor shall issue a
 certificate of ascertainment of appointment of electors that does all of the following:
    (a) Sets forth the names of the electors appointed and the canvass or other determination
 under the laws of this state of the number of votes given or cast for each individual whose
 appointment any or all votes have been given or cast.
    (b) Bears the seal of this state.
    (c) Contains at least 1 security feature, as determined by the governor, for the purpose of
 verifying the authenticity of the certificate. The secure components of any security feature
 used are confidential and not subject to disclosure under the freedom of information act, 1976
 PA 442, MCL 15.231 to 15.246.
    (2) Immediately after issuing the certificate of ascertainment of appointment of electors
 under subsection (1), the governor shall transmit to the Archivist of the United States, by the
 most expeditious method available, the certificate of ascertainment of appointment of electors.
 The governor shall also transmit to each elector chosen as an elector for President and Vice
 President of the United States, on or before the date on which the electors are to convene
 under section 47, 6 duplicate-originals of the certificate.
    (3) Subject to this subsection, the fact that a recount petition has been filed, or that a recount
 is pending, has no effect on the governor's authority or responsibility to issue a certificate of
 ascertainment of appointment of electors as required under subsection (1). However, if a
 mandatory recount of all precincts in this state is required under section 880a, the governor
 shall not issue the certificate of ascertainment of appointment of electors required under


                                                                     Michigan Compiled Laws Complete Through PA 9 of 2026
Rendered Thursday, April 30, 2026               Page 29 of 478                               Courtesy of legislature.mi.gov

 subsection (1) until the completion and certification of the recount or until 3 p.m. on the sixth
 day before the date on which the electors for President and Vice President of the United States
 are to convene under section 47, whichever occurs first. If the recount is completed and
 certified before 3 p.m. on the sixth day before the date on which the electors for President and
 Vice President of the United States are to convene under section 47, the certificate of
 ascertainment of appointment of electors issued by the governor must reflect the certified
 result of that recount. If the recount is not completed and certified before 3 p.m. on the sixth
 day before the date on which the electors for President and Vice President of the United States
 are to convene under section 47, the certificate of ascertainment of appointment of electors
 issued by the governor must reflect the original certification of the results of the election.
    (4) If a recount is completed by 11:59 p.m. on the second day before the date on which the
 electors for President and Vice President of the United States are to convene under section 47,
 and the result of that recount, as certified by the board of state canvassers, alters the winner of
 the presidential election as reflected on the certificate of ascertainment of appointment of
 electors issued by the governor under subsection (1), an affected candidate for President or
 Vice President of the United States may have the certification reviewed by the supreme court,
 or may seek other judicial relief from the supreme court related to the certification including,
 but not limited to, an order directing the governor to issue a superseding certificate of
 ascertainment of appointment of electors that reflects the updated and certified results of the
 presidential election. An action under this subsection must be filed with the supreme court
 within 24 hours after the certification of the completed recount. A plaintiff filing an action in
 the supreme court under this subsection must request an expedited hearing and that the
 supreme court issue an order granting any judicial relief by 4 p.m. on the day before the date
 on which the electors for President and Vice President of the United States are to convene
 under section 47. If the supreme court issues an order by the day before the date on which the
 electors are to convene under section 47 that requires the governor to issue a superseding
 certificate of ascertainment consistent with the certified results of the recount, the governor
 must issue that superseding certificate of ascertainment before the date on which the electors
 are to convene under section 47.
    (5) If a recount is completed by 11:59 p.m. on the second day before the date on which the
 electors for President and Vice President of the United States are to convene under section 47,
 and the result of that recount, as certified by the board of state canvassers, alters the winner of
 the presidential election as reflected on the certificate of ascertainment of appointment of
 electors issued by the governor under subsection (1), and the supreme court does not issue an
 order under subsection (4) before 4 p.m. on the day before the date on which the electors are to
 convene under section 47, the governor must issue a superseding certificate of ascertainment
 of appointment of electors that reflects the updated and certified results of the presidential
 election, as determined by the recount and certified by the board of state canvassers, no later
 than 11:59 p.m. on the day before the date on which the electors are to convene under section
 47.
    (6) A superseding certificate of ascertainment of appointment of electors issued by the
 governor under this section replaces and supersedes any prior certificate of ascertainment of
 appointment of electors issued under this section, must be transmitted consistent with the
 requirements under subsection (2) for the certificate of ascertainment of appointment of
 electors, and is conclusive with respect to the determination of electors for President and Vice
 President of the United States appointed by this state.




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