168.880a Recount of votes; grounds; notice to candidates or ballot question committees; exception; written statement by losing candidate or ballot question committee.

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Sec. 880a.

(1)Except as otherwise provided in subsection (6), a recount of all precincts in this state must be conducted at any time a statewide primary or election is certified by the board of state canvassers as having been determined by a vote differential of 0.1% or less of the total number of votes cast in that statewide election. This section does not apply to partisan offices to which more than 1 individual is to be elected.

(2)Except as otherwise provided in subsection (6), a recount of all precincts in a state senate district must be conducted at any time a state senate election, other than a state senate primary election, is certified by the board of state canvassers or a board of county canvassers as having been determined by a vote differential of 75 votes or less.

(3)Except as otherwise provided in subsection (6), a recount of all precincts in a state representative district must be conducted at any time a state representative election, other than a state representative primary election, is certified by the board of state canvassers or a board of county canvassers as having been determined by a vote differential of 25 votes or less.

(4)Subject to subsection (6), if the election involves candidates, the board of state canvassers shall, as soon as practicable, notify all candidates whose vote could be affected by the recount that a recount must be conducted and of the time and place the board of state canvassers will meet to determine recount procedures.

(5)Subject to subsection (6), if the election involves a ballot question, the board of state canvassers shall, as soon as practicable, notify each ballot question committee that participated in the election that a recount must be conducted and of the time and place the board of state canvassers will meet to determine recount procedures. Individuals or groups interested in being authorized to have observers at the recount shall petition the board of state canvassers at that meeting to be considered interested parties for this purpose. The board of state canvassers at that meeting shall determine which individuals or groups are considered interested parties for the recount of the ballot question.

(6)If the election involves candidates, the recount required under this section must not be conducted if, within 48 hours after the election is certified, the losing candidate files a written statement with the secretary of state requesting that the recount required under this section not be conducted. If the election involves a ballot question, the recount required under this section must not be conducted if, within 48 hours after the election is certified, the losing ballot question committee files a written statement with the secretary of state requesting that the recount required under this section not be conducted.

History: Add. 1969, Act 268, Eff. Mar. 20, 1970 ;-- Am. 2024, Act 74 , Eff. Apr. 2, 2025

Popular Name: Election Code