DEPARTMENT OF STATE  
BOARD OF STATE CANVASSERS  
CONDUCT OF ELECTION RECOUNTS  
(By authority conferred on the board of state canvassers by section 889 of Act No.  
116 of the Public Acts of 1954, being S168.889 of the Michigan Compiled Laws)  
R 168.901 Enforcement of rules; decisions subject to appeal.  
Rule 1. The rules and regulations prescribed herein shall be enforced by the board  
of state canvassers and its representatives to insure the fair, impartial, and uniform  
conduct of recounts. Decisions of the boards of county canvassers, under these rules  
and regulations, applicable statutes and court decisions, shall be subject to appeal to  
the board of state canvassers, as hereinafter set forth.  
History: 1979 AC.  
R 168.902 Security arrangements.  
Rule 2. Upon the filing of a petition for recount, the board of state canvassers  
will make arrangements with the state police to provide for security of all ballots,  
ballot boxes and voting machines used in the election precincts to be recounted until  
the recount is completed and the results thereof certified by the board of state  
canvassers. All such ballots, ballot boxes, their keys, voting machines and the keys  
thereto shall remain in the possession of the city or township clerks charged by law  
with the custody thereof until requisitioned by the boards of county canvassers as  
hereinafter provided.  
History: 1979 AC.  
R 168.903 Time and place of recount.  
Rule 3. The board of state canvassers will publicly announce the time and place  
for the recount of votes cast in each county affected by such petition for recount. The  
boards of county canvassers shall arrange for the delivery of the ballots, ballot boxes,  
ballot box  
keys,  
poll  
lists, tally sheets, statements of returns and such other  
documents and reports including registration cards as the boards of county canvassers  
may deem necessary, at the time and place designated for the recount by the board of  
state canvassers. Voting machines and the keys thereto shall remain in the possession of  
the officials charged with the security and custody thereof, as above provided.  
History: 1979 AC.  
Page 1  
Courtesy of www.michigan.gov/orr  
R 168.904 Review of rules, regulations, and arrangements prior to recount.  
Rule 4. Prior to commencement of the recount, the board of state canvassers  
or its representatives and the board of county canvassers or its representatives shall  
meet for the purpose of reviewing these rules and regulations and the arrangements  
made or to be made by the board of county canvassers for the proper conduct of  
the recount as herein provided.  
History: 1979 AC.  
R 168.905 Meeting between state board and county board.  
Rule 5. At the time and place designated for the commencement of the recount  
in each county, the board of county canvassers therefor shall meet with the board of  
state canvassers or its representatives for the purpose of commencing the recount.  
History: 1979 AC.  
R 168.906 Court reporter or stenographer.  
Rule 6. The boards of county canvassers shall provide a court reporter or a  
competent stenographer who shall be present at all times during the recount and who  
shall make a stenographic record of the proceeding as hereinafter provided.  
History: 1979 AC.  
R 168.906a Order of counting precincts.  
Rule 6a. Paper ballot precincts within a county shall be counted first unless  
otherwise specifically provided by the board of state canvassers. Precincts shall be  
counted in the order which will result in the most expeditious conduct of the recount  
without regard for who requested the counting of a particular precinct.  
History: 1979 AC.  
VOTING MACHINES  
R 168.907 Persons present at recount; procedure.  
Rule 7. (1) Representatives of the board of county canvassers and of the board of  
state canvassers together with 1 recount clerk, 2 tally clerks and a court reporter or  
competent stenographer as above provided, and not more than 2 representatives and an  
attorney of each candidate for the office or offices the votes for which are being  
recounted and of each of the petitioners in the case of a recount of a proposition shall  
be present during the opening and recount of each such voting machine. Prior to the  
opening of the counter compartment of any of the automatic machines or the unsealing  
of the rear door on any of the Shoup machines used in a precinct, a representative  
of the board of county canvassers shall dictate for the record, any part of which may be  
on forms prepared by the board of state canvassers, the following:  
Page 2  
Courtesy of www.michigan.gov/orr  
(a) The precinct in which the voting machines were used.  
(b) Any unusual conditions relative to any of the voting machines.  
(c) The identification numbers on each voting machine.  
(d) The seal number on each of the voting machines.  
(e) The condition of the seal on each of the voting machines.  
(f) The numbers recorded on the public and protective counters of each voting  
machine.  
(2) Such representative shall also dictate for the record the entries contained in  
the poll book and inspectors' return sheets relative to the number of voters who voted  
in the precinct, the identification numbers on the various voting machines, the number  
shown on the respective protective counters prior to the opening of the polls, the  
readings on the various public and protective counters upon the close of the polls, and  
the number on the various seals used to seal the voting machines.  
(3) A representative of any interested party or of the board of state canvassers  
shall have the right to dictate into the stenographic record any objection, proposed  
correction, or addition to such information.  
History: 1979 AC.  
R 168.908 Machine not to be recounted; conditions.  
Rule 8. If a voting machine is not locked and sealed in such manner as to render it  
impossible to vote on the machine or to otherwise change the totals appearing on the  
individual candidate or proposition counters, or if the seal contains a number other  
than the number recorded by the inspectors on their returns, that voting machine  
shall not be recounted and the original return of the inspectors of election for that  
machine shall be taken as correct.  
History: 1979 AC.  
R 168.909 Machine not to be recounted; additional condition.  
Rule 9. If the number appearing on the protective counter of a machine at the time  
of the recount does not equal the total of:  
(a) The number appearing on the protective counter at the opening of the polls as  
shown by the certificate of election inspectors, and  
(b) The number appearing on the public counter at the close of the polls, as  
shown on the certificate of election inspectors, the voting machine shall not be  
recounted and the original return of the inspectors of election shall be taken as correct.  
History: 1979 AC.  
R 168.909a Machine not to be recounted; additional condition.  
Rule 9a. If the sum of the numbers appearing on the public counters of all  
machines used in a precinct is in excess of the total of:  
Page 3  
Courtesy of www.michigan.gov/orr  
(a) The number of voters who voted in the precinct as shown by the poll book,  
(b) The number of times the machine was operated by the inspectors and  
and  
custodians, as shown by the record of the election inspectors, the returns for that  
precinct as made by the election inspectors shall be deemed correct and no machines  
shall be recounted in that precinct.  
History: 1979 AC.  
R 168.910 Opening or unsealing machine subject to recount.  
Rule 10. If 1 or more voting machines in a precinct is subject to recount, these  
voting machines shall be opened and if necessary unsealed. A representative of the board  
of county canvassers shall enter into the record the name and position of the person  
opening or unsealing the machines, a description of any unusual conditions relating to  
any of the machines and a description of their contents. The recount clerk shall read  
and announce in a distinct voice the name and number, if any, of each candidate for  
the office involved in the recount and the number of votes shown on the individual  
candidate counters for each candidate, and shall, in like manner, read and announce the  
vote on each proposition involved in the recount. The votes so called shall be recorded  
simultaneously by the 2 tally clerks on proper forms provided for that purpose and shall  
then be called back from the tally sheets by one of the tally clerks and verified on the  
voting machine by the other tally clerk. The count as shown by the inspectors'  
returns shall be used for those machines not subject to recount.  
History: 1979 AC.  
R 168.911 Recounting absent voters' ballots.  
Rule 11. (1) Absent voters' ballots shall be recounted in the manner hereafter  
described for counting paper ballots.  
(2) Absent voters' ballots in original sealed envelopes shall be counted as the same  
should have been voted if the recount board determines they are eligible for voting.  
(3) Absent voters' ballots which have been voted shall be recounted to determine  
whether the ballots were validly marked.  
(4) Validly marked ballots found not to have been voted shall be counted as the  
same should have been voted.  
(5) Invalidly marked ballots found to have been voted shall be rejected.  
(6) Appropriate additions and deductions shall be made to or from the precinct  
count.  
(7) Unless clearly shown to the contrary, the presumption of regularity of action by  
precinct inspectors shall obtain. To determine facts required for decision of issues  
under this rule, precinct inspectors may, if necessary, be called and sworn to give  
evidence.  
(8) In communities using absent voter counting precincts, absent voter ballots  
shall be recounted as provided in the rules for paper ballots.  
Page 4  
Courtesy of www.michigan.gov/orr  
History: 1979 AC.  
R 168.912 Opportunity to observe reading of counters.  
Rule 12. The representatives of each interested party shall be afforded an  
opportunity to observe the reading of the individual candidates or proposition  
counters and each absent voter's ballot, if any, as the votes are called and to make such  
notations on their private records as they may desire.  
History: 1979 AC.  
R 168.913 Record of recount proceedings.  
Rule 13. All proceedings taken in the recount of any voting machines shall be  
recorded as above provided by the stenographer provided by the board of county  
canvassers. Representatives of all interested parties shall be afforded an opportunity  
to make a full and complete stenographic record of any challenges or objections to the  
proceedings. Upon request of the board of state canvassers, such record shall be  
transcribed and a copy furnished to the board of state canvassers at the cost of the  
county. Upon request by any other party, the cost of transcription shall be borne by  
the party requesting the transcription. Cost of copies of the transcription shall  
be borne by the recipients.  
History: 1979 AC.  
R 168.914 Challenges or objections to recount of voting machines.  
Rule 14. (1) Upon completion of the recount of all voting machines in a precinct,  
all challenges or objections shall be presented to the board of county canvassers for its  
decision. Upon request by the board of county canvassers, the stenographic record of  
such challenges or objections shall be read to the board of county canvassers.  
Representatives of each interested party shall be afforded an opportunity to submit  
authorities and argument to the board of county canvassers for and against such  
challenges or objections and to make a full and complete stenographic record  
thereof, including the decision of the board of county canvassers and its grounds  
therefor. Nothing herein contained shall limit the right of the board of county canvassers  
to examine any voting machine against the recount of which challenges or  
objections have been made. 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 challenges or objections  
to the recount of voting machines 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  
Page 5  
Courtesy of www.michigan.gov/orr  
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 provide for, Saturdays,  
Sundays, and legal holidays excluded.  
History: 1979 AC.  
PAPER BALLOTS  
R 168.915 Providing tables, recount clerks, and tally clerks.  
Rule 15. The boards of county canvassers shall provide 1 table where all ballot  
boxes in each county shall be opened in the manner hereinafter provided and as  
many other tables as shall be necessary to efficiently recount the ballots in the  
manner hereinafter provided. The boards of county canvassers shall also provide 1  
recount clerk and 2 tally clerks for duty at each such table whenever a ballot box is  
opened or ballots are recounted.  
History: 1979 AC.  
R 168.916 Candidate and petitioner representatives; powers.  
Rule 16. Each candidate for the office or offices the votes for which are being  
recounted and each of the petitioners in the case of a recount of a proposition shall be  
entitled to have not to exceed 2 representatives present at each table where ballot  
boxes are being opened or ballots recounted, and they shall be afforded an  
opportunity to observe the opening of ballot boxes and each ballot as the votes are  
called and to make such notations on their private records as they may desire.  
History: 1979 AC.  
R 168.917 Board of county canvassers and of state canvasser  
representatives; duties.  
Rule 17. (1) A representative of the board of county canvassers and of the board  
of state canvassers shall be present during the opening of such ballot boxes. A  
representative of the board of county canvassers shall dictate for the record, any part  
of which may be on forms provided by the board of state canvassers, the following:  
(a) The precinct being recounted.  
(b) Any unusual conditions relative to the ballot box.  
(c) The manner in which the ballot box is sealed.  
(d) Its seal number.  
(e) The condition of the seal.  
Page 6  
Courtesy of www.michigan.gov/orr  
(f) The name and official position of the person who unseals and opens the ballot  
(g) A description of any ballot package or roll of ballots which is, may be, or is  
box.  
claimed to be involved in the recount. The description shall include a description of  
the manner in which the ballot packages or rolls are wrapped, tied, sealed, and  
endorsed. If ballot bags are used in lieu of packages or rolls, the description shall set  
forth the manner in which the bag is sealed and the number on the seal.  
(2) Such representative shall also dictate for the record the entries contained in  
the poll book and statement book relative to the number of voters who voted at the  
election and the seal numbers with which ballot boxes and ballot bags, if used, were  
sealed. A representative of any interested party or of the board of state canvassers  
shall have the right to dictate into the stenographic record, any objection,  
proposed correction, or addition to such information.  
History: 1979 AC.  
R 168.918 Recounting ballots where ballot box locked and sealed.  
Rule 18. If the ballot box is locked and sealed in such manner as to render it  
impossible to open it without breaking such seal, and if the ballots therein contained  
are properly wrapped, tied, and sealed, the ballots shall be recounted; but if the  
ballots are not properly wrapped, tied, and sealed or if the seal, tape, or wrapper shall  
have been loosened or broken, such ballots shall be recounted  
correspond in number with the poll list delivered to the county clerk.  
only  
if they  
History: 1979 AC.  
R 168.919 Recounting ballots where ballot box not locked and sealed.  
Rule 19. If the ballot box is not locked and sealed in such manner as to render it  
impossible to open it without breaking such seal, the ballots therein contained shall be  
recounted if they are properly wrapped, tied, and sealed in such manner as to render it  
impossible to open such package or roll or remove any of the contents thereof without  
breaking said seal, but only if they correspond in number with the poll list delivered to  
the county clerk.  
History: 1979 AC.  
R 168.920 Recount where ballots in ballot box must correspond in number  
with poll book; procedure.  
Rule 20. If ballots in a ballot box must correspond in number with the poll book  
as above provided before they may be recounted, such ballots shall be returned to  
their ballot box and assigned to a recount table for a physical count. The recount clerk  
shall remove such ballots from their wrappers, place them face down upon the  
recount table, and count the number of ballots. If there are the proper number of  
ballots, such ballots shall be recounted in the manner hereinafter provided; if such  
Page 7  
Courtesy of www.michigan.gov/orr  
ballots do not correspond in number with the poll book as above provided, such  
ballots shall not be recounted and the recount clerk shall report such fact to the  
representative of the board of county canvassers at the ballot box opening table for  
instructions as to the disposition of said ballots. With reference to such precinct, the  
original return of the inspectors of election shall stand.  
History: 1979 AC.  
R 168.921 Recount where correspondence in number between ballot box and  
poll list not required; procedure.  
Rule 21. If any ballots are subject to recount regardless of their corresponding  
in number with the poll list, such ballots shall be returned to their ballot box and assigned  
to a table for recount. The recount clerk shall remove such ballots from their wrappers,  
place them face down upon there count table, and count the number of ballots. If  
the number of ballots is equal to or less than the number of ballots issued on election  
day, as shown by the poll list, such ballots shall be recounted in the manner  
hereinafter provided. If the number of ballots is in excess of the number of ballots  
issued on election day, as shown by the poll list, the ballots shall be turned face up and  
so many blank ballots or ballots upon which there is no attempted vote for the office  
or offices or for the proposition or propositions being recounted shall first be  
withdrawn as shall be equal to the excess. If there are not sufficient blank ballots or  
ballots upon which there is no such attempted vote to equal such excess, the remaining  
ballots shall be shuffled and mixed and replaced in the ballot box and the recount  
clerk shall then draw out so many ballots therefrom as shall be equal to the excess  
remaining. All such ballots withdrawn shall be publicly destroyed by the recount  
clerk and the remaining ballots shall be recounted in the manner hereinafter provided.  
Such ballots shall be laid aside but not destroyed in case a recount of another office  
or proposition involving the same ballots is being conducted or is pending.  
History: 1979 AC.  
R 168.922 Recounting ballots; procedure.  
Rule 22. The ballots shall be placed face up on the recount table and, where  
applicable, separated by the recount clerk in piles of straight ballots, split ballots,  
and special proposition ballots. Where applicable, the recount clerk shall take each pile  
of ballots separately and count the straight ballots first. The total straights for each  
candidate shall then be entered in the proper place on the tally sheet. The split and  
mixed votes for each office involved in the recount shall then be tallied. When votes  
are called, they shall be recorded simultaneously by the 2 tally clerks on proper forms  
provided for that purpose. Votes for and against each proposition involved in the  
recount shall be separated into piles and then counted. The counting shall be done at  
least twice and by different people. The whole number of votes cast for each candidate  
and for and against each proposition shall be recorded.  
History: 1979 AC.  
Page 8  
Courtesy of www.michigan.gov/orr  
R 168.923 Rules governing recounting of votes.  
Rule 23. The following rules shall govern the recounting of votes:  
(a) Where it is clearly evident from an examination of any ballot that the same  
has been mutilated for the purpose of distinguishing it or that there has been placed  
thereon some mark, printing, or writing for the purpose of distinguishing it, then  
such ballot shall be void and shall not be counted. The following criteria must be met  
to find a mark or mutilation to be distinguishing:  
(i) It must be clearly evident.  
(ii) That the mark or mutilation was placed on the ballot by the voter.  
(iii) For the purpose of distinguishing it.  
(b) A cross, the intersection of which shall be within or on the line of the proper  
circle or square, shall be valid. Crosses otherwise located on the ballot shall be void;  
(c) Marks other than crosses used to designate the intention of the voter shall  
not be counted;  
(d) A cross shall be valid even though 1 or both lines thereof shall be duplicated,  
provided that the lines intersect within or on the line of the square or circle;  
(e) Two lines meeting within or on the line of the square or circle, although not  
crossing each other, shall be deemed to be a valid cross where it is apparent that the  
voter intended to make a cross. This provision shall not be construed as validating  
so-called "check marks";  
(f) A failure to properly mark a ballot as to 1 or more candidates shall not of itself  
invalidate the entire ballot if the same has been properly marked as to other  
candidates unless such improper marking shall constitute a distinguishing mark as  
herein defined;  
(g) Erasures and corrections on a ballot made by the elector in a manner frequently  
used for such purpose shall not be deemed distinguishing marks or mutilations;  
(h) Any ballot or part of a ballot from which it is impossible to determine the  
elector's choice of candidate shall be void as to the candidate or candidates thereby  
affected;  
(i) Any votes cast for a deceased candidate shall be void and not counted;  
(j) All ballots cast which are not counted shall be marked by the inspector "not  
counted," kept separate from the others by being tied or held in 1 package, and placed  
in the ballot box with the counted ballots; and  
(k) No vote shall be counted for any candidate unless a cross has been placed by  
the voter in the circle at the head of the party ticket, if any, on which the name of the  
candidate has been printed, written or placed or unless a cross has been placed by the  
voter in the square before the space in which the name of the candidate has been printed,  
written, or placed.  
History: 1979 AC.  
R 168.924 Determining how ballot recounted; rules.  
Page 9  
Courtesy of www.michigan.gov/orr  
Rule 24. The following rules as set forth in S168.737 of the Michigan Compiled  
Laws, as amended, together with applicable court decisions, shall be followed in  
determining how a ballot shall be recounted.  
(a) If the elector makes a cross (x) in the circle under the name of his party at the  
head of the ballot and does nothing further, he has voted a straight ticket.  
(b) Where only 1 candidate is to be elected to an office, to vote for a candidate not  
on his party ticket, the elector should make a cross (x) in the circle under the name of  
his party, and also make a cross (x) in the square before the name of the candidate for  
whom he desires to vote on the other ticket. In such case, it shall not be necessary to  
cross off the name of the candidate on his party ticket. If the elector votes for more  
than 1 candidate for the same office where only 1 candidate is to be elected to said  
office, said ballot shall not be counted for either of such candidates, but shall be as to  
them null and void.  
(c) When 2 or more candidates are to be elected to the same or like office, such  
as coroners, to vote for a candidate or candidates not on his party ticket for such office,  
the elector should mark a cross (x) in the circle under his party name, and mark a cross  
(x) in the square before the name or names of the candidate or candidates for whom he  
desires to vote on the other ticket or tickets, and also cross off an equal number of  
names of the candidates for such office on his party ticket; but if such elector shall not  
have crossed off the names of an equal number of candidates for such office on his  
party ticket, he shall be deemed to have crossed off the name of each candidate for such  
office which is printed on his party ballot opposite the name of the candidate on some  
other party ticket in front of which name he has made a cross (x);  
(d) To vote for a candidate not on any ticket, the elector should write or place the  
name of such candidate on his ticket opposite the name of the office and make a cross  
(x) in the circle under the party name;  
(e) A ticket marked with a cross (x) in a circle under a party name shall be  
deemed a vote for each of the candidates named in such party column whose name  
is not crossed off, except those candidates where a cross (x) is placed in the square  
before the name of some opposing candidate on another ticket, or where there is  
written or pasted on the party ticket a name which is not printed on any party ticket;  
(f) If the name of any person who is not a candidate on any ticket is written or  
placed on the party ticket opposite the name of the office and there is a cross (x) in the  
circle under the party name, the name so written or placed shall be counted 1 vote  
for such person, whether the original name on the party ticket is erased or not,  
excepting cases where there is a cross (x) in the square before the name of some  
opposite candidate on some other party ticket;  
(g) If no cross (x) is placed in the circle under the party name, a cross (x) in the  
square before the name of any candidate shall be deemed a vote for such candidate  
except in cases where the elector votes for more candidates for the same office than  
are to be elected; and  
(h) Such elector shall indicate his preference on any constitutional amendment  
or other submitted question by making a cross (x) in the square opposite the word  
"Yes" or in the square opposite the word "No" opposite or below such question on the  
proper ballots.  
History: 1979 AC.  
Page 10  
Courtesy of www.michigan.gov/orr  
R 168.925 Ballots counted or rejected for recount under protest.  
Rule 25. (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.  
History: 1979 AC.  
R 168.925a Ballot bags used in lieu of ballot packages; references; tags.  
Rule 25a. Where ballot bags are used in lieu of ballot packages, all references to  
ballot packages shall be deemed to include ballot bags, except that references to  
seals shall be to metal rather than paper seals.  
History: 1979 AC.  
GENERAL PROVISIONS  
Page 11  
Courtesy of www.michigan.gov/orr  
R 168.925b Withdrawal of petition; discontinuance of recount.  
Rule 25b. (1) If the person petitioning for a recount shall withdraw his petition or  
discontinue the recount before the completion of the recount of the precincts for which  
he petitioned, then in such event the original return shall be deemed to be correct  
regardless of any change shown by the recount of the precincts he or the counter  
petitioner petitioned to be recounted. In the event of such withdrawal by the  
petitioner, it shall not be necessary for the counter petitioner to withdraw or ask for a  
discontinuance.  
(2) If the counter petitioner for a recount shall withdraw his petition or discontinue  
the recount of the precincts he petitioned to have recounted, then the original  
returns for all precincts for which he requested a recount shall be deemed to be  
correct regardless of any changes shown by the recount at the time of the  
withdrawal. A counter petitioner shall not be permitted to withdraw if all precincts for  
which he petitioned have been recounted. In the event that a counter petitioner  
withdraws, the recount as to the precincts petitioned for by the original petitioner shall  
continue until the completion thereof or until such time as he withdraws.  
(3) All withdrawals must be in writing signed by the petitioning party.  
History: 1979 AC.  
R 168.926 Candidate and petitioner representatives; identification.  
Rule 26. Each candidate for the office or offices the votes for which are being  
recounted and each of the petitioners in case of a recount of a proposition shall be  
entitled to have present at the recount not to exceed 1 representative for every table at  
which ballot boxes are being opened or ballots recounted, and for every voting  
machine which is being recounted and not to exceed 1 watcher and tallier at each  
such table and voting machine provided for in R 168.907 and R 168.916 hereof.  
Every such representative shall be furnished written identification by the candidate he  
represents, or the candidate's political party, or by the proponents or opponents of a  
proposition whom he represents.  
History: 1979 AC.  
R 168.927 Public observance of recounts.  
Rule 27. Provision shall be made for public observance of the conduct of recounts,  
but the public shall not be allowed within the confines of the actual working area, nor  
shall vocal or other disturbance of the recount staff by the public be permitted.  
History: 1979 AC.  
R 168.928 Designated representative of board of state canvassers.  
Rule 28. The board of state canvassers may designate  
1
or more  
representatives in each county to supervise in its behalf the conduct of recounts, as  
Page 12  
Courtesy of www.michigan.gov/orr  
above set forth. In those counties designated by the board of state canvassers, at least 1  
such representative shall be on duty at all times and the decisions of the representative  
on duty shall prevail. In those counties so designated by the board of state canvassers,  
at least 2 representatives shall be on duty at all times and any 2 representatives  
concurring shall have the power to make decisions. In any such county designated  
by the board of state canvassers, such representatives shall be divided into teams of 3  
representatives each, 1 such team to be on duty at all times and a majority decision of  
the team shall prevail.  
History: 1979 AC.  
R 168.929 Completion of recount; procedure.  
Rule 29. Upon completion of the recount of any precinct, all ballots shall be  
properly wrapped by the recount clerk with a statement of the number and kind of  
ballots included in each such package, and placed in the voting machine or ballot box.  
The ballot boxes and voting machines shall then be properly locked and the ballot  
boxes sealed with a state seal to be supplied by the board of state canvassers and  
delivered, together with the lock keys, to the respective officers having the care and  
custody thereof.  
History: 1979 AC.  
R 168.930 Certificate of recount results.  
Rule 30. The results of the recount for each county shall then be entered upon  
a certificate provided for that purpose by the board of state canvassers, signed by the  
board of county canvassers and representative of the board of state canvassers. The  
county clerk shall certify that the persons signing the certificate as members of  
the board of county canvassers are such members of that county. The certificate shall  
then be forthwith delivered to the board of state canvassers at Lansing, Michigan,  
which shall then compile said returns from each county and certify the result.  
History: 1979 AC.  
Page 13  
Courtesy of www.michigan.gov/orr  
;