Michigan Administrative Code
Department - State
Elections & Campaign Finance
Conduct of Election Recounts
PAPER BALLOTS
Section R. 168.925 - Ballots counted or rejected for recount under protest

(1) Any ballot counted or rejected for recount by the recount clerk under protest made by any interested party's representative shall be identified by a numbered exhibit card stapled to the challenged ballot. Upon completion of the recount of all ballots in a precinct, all challenged ballots shall be presented to the board of county canvassers for its decision. Representatives of each interested party shall be afforded an opportunity to submit authorities and argument to the board of county canvassers for counting or rejecting each such challenged ballot and to make a full and complete stenographic record thereof, including the decision of the board of county canvassers and its grounds therefor. Any interested party who considers himself aggrieved by the decision of the board of county canvassers may at the time the decision is rendered appeal such decision to the representatives of the board of state canvassers in the same manner as hereinabove provided for presenting challenged ballots to the board of county canvassers.

(2) The decisions of the board of county canvassers may be confirmed, set aside, or modified by the representative of the board of state canvassers.

(3) At the conclusion of the recount in the several counties, the board of state canvassers shall notify each interested party that such county recounts have been completed. Such notice shall be by registered mail, return receipt demanded, at the address furnished to the secretary of state by the interested parties.

(4) The decisions of the representatives of the board of state canvassers may be confirmed, set aside, or modified by the board of state canvassers upon review by written petition therefor, setting forth the grounds in detail by any interested party or upon its own motion. Such petition shall be filed with the board of state canvassers not later than 5 days after the mailing of the notice above provided for, Saturdays, Sundays, and legal holidays excluded.

(5) Challenged ballots shall not be disposed of as provide in R 168.929, but shall be placed in envelopes provided by the board of county canvassers for that purpose. The contents of such envelopes shall be identified as required on forms provided by the board of state canvassers. Such envelopes shall be sealed with a state election seal, initialed by at least 2 members of the board of county canvassers and delivered to the county clerk for safekeeping.