Michigan Administrative Code
Department - State
Elections & Campaign Finance
Use of Optical Scan Tabulators by Absentee Voters
Section R. 168.792 - Canvass
Current through Vol. 24-16, September 15, 2024
Rule 22.
(1) A board of canvassers may, for reasonable cause, require the person who prepared the program to appear before the board, to bring documents pertinent to the program, and to answer questions relevant to the program.
(2) A board of canvassers may, for reasonable cause, require the person having the custody of the program to appear with the program before the board. A board of canvassers may conduct a test to determine the accuracy of the program.
(3) After testing, if it is found that the program which was used to tabulate the ballots produced incorrect returns, a board of canvassers may require the person who prepared and supplied the program to correct the portions of the program found to be in error and submit to it a corrected program to be used to retabulate the ballots. In that event, an accuracy test shall be held under the direction of the board of canvassers at which time the corrected program shall be tested and certified as provided in these rules. The ballots of the precincts shall be retabulated using the corrected program in the same manner as prescribed in R 168.790. A board of canvassers may summon the certifying board which originally certified the returns to retabulate the ballots and make correct returns. The board of canvassers shall canvass the votes from the corrected returns.
(4) When an examination of documents or programs is completed or the ballots have been counted or retabulated, they shall be returned to the transfer case or containers and shall be sealed and delivered to their legal custodian. The number of the seal shall be recorded on a certificate to be filed with the clerk of the board of canvassers.
(5) When an election of a local unit of government is held at the same time as a county or state election and is to be certified by a local board of canvassers, that board shall not proceed under this rule until obtaining approval from the board of county canvassers.
