DEPARTMENT OF STATE  
BOARD OF STATE CANVASSERS  
CONDUCT OF ELECTION RECOUNTS  
Filed with the secretary of state on May 12, 2025  
These rules become effective immediately after filing with the secretary of state  
unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of  
1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections  
become effective 7 days after filing with the secretary of state.  
(By authority conferred on the board of state canvassers by section 889 of the Michigan  
election law, 1954 PA 116, MCL 168.889)  
R 168.901, R 168.902, R 168.903, R 168.904, R 168.905, R 168.906, R 168.906a, R  
168.908, R 168.909, R 168.910, R 168.911, R 168.912, R 168.915, R 168.916, R 168.917,  
R 168.922, R 168.923, R 168.925, R 168.925b, R 168.927, R 168.928, R 168.929, and R  
168.930 of the Michigan Administrative Code are amended, R 168.901a is added, and R  
168.907, R 168.909a, R 168.913, R 168.914, R 168.918, R 168.919, R 168.920, R 168.921,  
R 168.924, R 168.925a, and R 168.926 are rescinded, as follows:  
R 168.901 Definitions.  
Rule 1. (1) As used in these rules:  
(a) “Act” means the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.  
(b) “Change the result of the election” means either the candidate who lost the election  
and is requesting the recount would be elected or the recount would result in the opposite  
outcome for a ballot question.  
(c) “Election materials” means equipment used in administering elections, including, but  
not limited to, electronic voting systems, seals, ballots, ballot containers, ballot container  
certificates, poll books, results report, statement book, tabulator tape, or another document  
or report considered necessary by the boards of county or state canvassers.  
(d) “Interested party” means the individual or individuals who filed a recount petition or  
a counter recount petition. More specifically, a candidate, 1 representative of a ballot  
question committee, or if a ballot question committee did not participate in an election in  
which there was a ballot question on the ballot, 1 elector who voted in that election.  
(e) “Poll book” includes the physical poll book and any poll lists.  
(f) “Precinct” as used in a recount means any of the following:  
(i) An election day precinct.  
(ii) A precinct at an absent voter counting board.  
(iii) A precinct at an early voting site.  
(g) “Recount center” means a single location where recounts of multiple precincts from  
multiple counties are conducted.  
(h) “Tabulator tape” means the tape that is generated at the close of polls that contains  
precinct results or the tabulator report when precinct results are not available on a tape.  
July 24, 2024  
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(2) Unless otherwise defined in these rules, a term defined in the act has the same meaning  
when used in these rules.  
R 168.901a Enforcement of rules; decisions subject to appeal.  
Rule 1a. The board of state canvassers and its representatives enforce these rules and  
regulations to ensure 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, are subject to appeal to the board of state canvassers under R 168.925.  
R 168.902 Security arrangements.  
Rule 2. (1) On the filing of a petition for recount, the board of state canvassers shall make  
arrangements with law enforcement to provide for security of the recount staff and all  
ballots, ballot containers, and electronic voting systems used in the election precincts to be  
recounted until the recount is completed and the results are certified by the board of state  
canvassers.  
(2) All election materials must remain in the possession of the clerk responsible for the  
election until requisitioned by the boards of county canvassers under R 168.903.  
R 168.903 Time and place of recount.  
Rule 3. (1) The board of state canvassers shall publicly announce the time and place for  
the recount of votes affected by a recount petition.  
(2) The board of state canvassers may mandate the use of 1 or more recount centers where  
multiple counties or jurisdictions are recounted at a central location.  
(3) The boards of county canvassers shall arrange for the delivery of the ballots, ballot  
containers, electronic voting systems, and election materials the boards of county  
canvassers determine are necessary, at the time and place designated for the recount by the  
board of state canvassers.  
(4) Electronic voting systems not delivered to the board of county canvassers must remain  
in the possession of the clerk charged with their security and custody under the act and the  
rules promulgated by the secretary of state.  
R 168.904 Review of rules, regulations, and arrangements prior to recount.  
Rule 4. Before beginning 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.  
R 168.905 Meeting between state board and county board.  
Rule 5. At the time and place designated for the commencement of the recount, the board  
of county canvassers shall meet with the board of state canvassers or its representatives to  
begin the recount.  
R 168.906 Meeting minutes.  
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Rule 6. The boards of county canvassers shall conduct a recount in an open meeting and  
keep meeting minutes. Meeting minutes must be provided to the board of state canvassers  
on request.  
R 168.906a Order of counting precincts.  
Rule 6a. Precincts shall be counted in the order that results in the most expeditious conduct  
of the recount without regard for who requested the counting of a particular precinct.  
R 168.907 Rescinded.  
R 168.908 Performance of recount; materials not subject to a recount.  
Rule 8. (1) A recount is performed only if the number of ballots to be recounted is enough  
to change the result of the election.  
(2) A recount is an administrative process limited to determining the number of votes cast  
on ballots for each candidate seeking a particular office or determining the number of votes  
cast for or against a ballot question.  
(3) If the board of state canvassers or the board of county canvassers receives a petition  
to conduct an investigation or an audit of the conduct of an election, a petition to assess the  
qualifications of electors participating in an election or the manner in which ballots are  
applied for or issued to electors, or a petition to do anything other than conduct a recount  
as described in this rule, the board of state canvassers or the board of county canvassers  
must deny that request for a recount.  
(4) When conducting a recount, the only materials available to be reviewed in the recount  
are the ballots, poll book, and any poll lists necessary to complete the recount.  
R 168.909 Electronic voting system recount.  
Rule 9. Recounts performed using an electronic voting system software application under  
section 871(4) of the act, MCL 168.871, are governed by the procedures set forth in R  
168.793 and the act.  
R 168.909a Rescinded.  
R 168.910 Determining when to recount precinct.  
Rule 10. (1) A precinct shall be recounted if all the following are satisfied:  
(a) The ballots are properly sealed in a ballot container in a manner that does not allow a  
ballot to be added to, or removed from, the ballot container.  
(b) The seal number on the seal is accurately recorded in the poll book, on the ballot  
container certificate, or on the statement of results.  
(c) The precinct is in balance, which means the number of ballots to be recounted is the  
same as the number of ballots issued in the precinct as shown in the poll book, the number  
of ballots tabulated as shown on the tabulator tape, or the number of ballots cast as shown  
by the county canvass; or the precinct was certified as out of balance during the county  
canvass and remains out of balance by an identical or fewer number of ballots.  
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(2) A recount may still be conducted even if the precinct does not satisfy the conditions  
under subrule (1) of this rule, if there is a satisfactory explanation in a sworn affidavit  
demonstrating that the security of the ballots is preserved.  
(3) An explanation is satisfactory if the reason for the discrepancy does not affect the  
security of the ballots and demonstrates that a recount of the ballots will yield a reliable  
and accurate result. For example, a discrepancy that was caused by innocent human error  
and specifically explained in the poll book remarks, or when evaluating whether the total  
number of ballots and the total number of voters match, a discrepancy that was caused by  
spoiled or defective ballots, ballots that were duplicated for proper reasons or provisional  
envelope ballots not included in the ballot container.  
(4) The only documents that a board of canvassers may use to determine whether a  
precinct may be recounted are the poll book, the poll lists, the statement of results, the  
ballot container certificate, the total ballots counted by a tabulator, the county canvass  
notations on the number of ballots and electors in the poll book, affidavits, and tabulator  
tapes.  
(5) If a precinct is not eligible for a recount, the original return of the votes for that precinct  
must be taken as correct.  
R 168.911 Recounting absent voter ballots.  
Rule 11. (1) Absent voter ballots, including absent voter ballots cast at absent voter  
counting board precincts and combined absent voter counting board precincts, must be  
recounted in the manner provided under these rules for counting ballots cast on election  
day.  
(2) Absent voter ballots in original sealed envelopes must be counted as if they were voted  
if the recount board determines they are eligible for voting.  
(3) Absent voter ballots that have been voted must be recounted to determine whether the  
ballots were validly marked.  
(4) Appropriate additions and deductions must be made to or from the precinct count.  
(5) Unless clearly shown to the contrary, there is a presumption of regularity of action by  
precinct inspectors. To determine facts required for decision of issues under this rule,  
precinct inspectors may, if necessary, be called and sworn to give evidence.  
R 168.912 Recounting ballots cast at early voting sites.  
Rule 12. (1) Ballots cast at early voting sites must be recounted in the same manner  
provided under these rules for ballots cast on election day.  
(2) If a ballot container from an early voting site contains ballots from multiple precincts  
and 1 or more of those precincts is subject to a recount, each ballot container must be  
opened, and the ballots must be sorted by precinct to identify and segregate the ballots  
subject to the recount.  
(3) Unless clearly shown to the contrary, there is a presumption of regularity of action by  
early voting site precinct inspectors. To determine facts required for decision of issues  
under this rule, early voting site precinct inspectors may, if necessary, be called and sworn  
to give evidence.  
R 168.913 Rescinded.  
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R 168.914 Rescinded.  
R 168.915 Recount staff.  
Rule 15. At each table where ballot containers are opened, the boards of county canvassers  
shall provide at least 2 recount clerks to conduct the recounting of ballots.  
R 168.916 Candidate and ballot question committee representatives; powers;  
identification.  
Rule 16. (1) Each candidate or ballot question committee representative is entitled to  
observe the recount and have their counsel and not more than 2 additional individuals  
present at each table where ballot containers are being opened or ballots are being  
recounted.  
(2) The individuals in subrule (1) of this rule shall be afforded an opportunity to observe  
the opening of ballot containers and each ballot as the votes are called, challenge the  
tabulation of a ballot, and take notes as desired for recordkeeping purposes.  
(3) Each individual representing a candidate or ballot question committee shall have  
written identification provided by the candidate, the candidate’s political party, the ballot  
question committee, or a proponent or opponent of the ballot question if there is no ballot  
question committee involved in the recount.  
(4) For a recount for a ballot question, the treasurer of a ballot question committee  
involved in the recount shall appoint no more than 1 lead representative for each recount  
center. The lead representative is responsible for the individuals present at each table where  
ballot containers are being opened or ballots are being recounted. Once designated, the lead  
representative may not be changed during the course of the recount.  
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 the board of state  
canvassers shall be present during the opening of all ballot containers. 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 container.  
(c) The way the ballot container is sealed.  
(d) The ballot container’s seal number.  
(e) The condition of the seal.  
(f) The name and official position of the individual who unseals and opens the ballot  
container.  
(g) A description of any ballot package, ballot bag, or roll of ballots which is, may be, or  
is claimed to be involved in the recount, including the way the bag is sealed and the number  
on the seal.  
(2) The representative of the board of county canvassers 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 containers were sealed.  
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(3) A representative of any interested party or of the board of state canvassers has the right  
to dictate any objection, proposed correction, or additional information into the record.  
R 168.918 Rescinded.  
R 168.919 Rescinded.  
R 168.920 Rescinded.  
R 168.921 Rescinded.  
R 168.922 Recounting ballots; procedure.  
Rule 22. (1) The ballots must be placed on the recount table.  
(2) The recount staff shall count 1 pile of ballots at a time. One recount clerk shall call  
the votes, and 1 clerk shall confirm the called votes. The 2 recount clerks shall record the  
votes on proper forms provided for that purpose.  
(3) The whole number of votes cast for each candidate, and for and against each ballot  
question, must be recorded.  
(4) The board of state canvassers may approve an alternative manner of conducting the  
recount.  
R 168.923 Determining the validity of ballot markings.  
Rule 23. (1) A vote on a ballot is indicated by making a mark within the predefined target  
area designated for casting a vote. A vote is valid and must be counted if there is a mark  
within the predefined area for casting a vote.  
(2) The following is a non-exhaustive list of examples of valid votes:  
(a) A circle of the predefined area that goes through the inside of the predefined area  
designated for casting a vote and meant to be filled in by the voter.  
(b) A check mark, cross, or “x” that is inside any part of the predefined area designated  
for casting a vote and meant to be filled in by the voter, even if part of the mark extends  
outside the predefined area designated for casting a vote.  
(c) The word “yes” written inside the predefined area designated for casting a vote and  
meant to be filled in by the voter.  
(d) If the predefined area has a mark inside of it, but there is also a correction that causes  
a false tabulator read, such as a filled in oval or square that is crossed out or labeled as a  
“mistake” or similar description.  
(3) The following is a non-exhaustive list of examples of invalid votes:  
(a) A circle of the predefined area designated for casting a vote that goes around the area,  
but does not intersect the inside of the predefined area designated for casting a vote.  
(b) A check mark, cross, or “x” along the side, top, or bottom of the outside edge of the  
predefined area designated for casting a vote.  
(c) The word “yes” written along the side, top, or bottom of the outside edge of the  
predefined area designated for casting a vote, regardless of any arrows pointing to the  
predefined area.  
(4) A stray mark within the predefined target area is not a mark indicating a valid vote.  
The following apply to the evaluation of marks:  
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(a) To determine whether a mark within a predefined area is a stray mark compare the  
mark with other marks appearing on the ballot.  
(b) A check mark or cross appearing within the predefined area is not considered a stray  
mark and is a valid vote even if the voter does not consistently mark the entire ballot with  
the check mark or cross.  
(5) Any ballot or part of a ballot from which it is impossible to determine the elector’s  
choice of candidate is void as to the candidate or candidates affected.  
(6) All ballots cast that are not counted are maintained separate from the others by being  
tied or held in 1 package, and placed in the ballot container with the counted ballots.  
R 168.924 Rescinded.  
R 168.925 Challenged ballots counted or rejected for recount; appeals.  
Rule 25. (1) An interested party may make a challenge to the board of county canvassers  
of a determination to count or not count a specific vote on a ballot for a candidate or for or  
against a ballot question subject to the recount.  
(2) Any challenged ballot counted or rejected for recount must be identified by a  
numbered exhibit card or envelope logically associated with the challenged ballot.  
(3) The board of canvassers shall keep a record of the challenge, and representatives of  
all interested parties shall be afforded an opportunity to make a full and complete record  
of challenges to the proceedings.  
(4) After the recount of all ballots in a precinct, but before the recount proceeding itself  
is completed, all challenged ballots must be presented to the board of county canvassers,  
which will hear arguments on the challenge and decide whether to accept or reject the  
challenge.  
(5) An interested party can appeal the decision of the board of county canvassers to the  
representative of the board of state canvassers, who may confirm, reject, or modify the  
decision of the board of county canvassers.  
(6) An interested party can petition the board of state canvassers for a de novo review of  
the decision of the representative of the board of state canvassers. The petition for de novo  
review must be filed before the completion of the recount by the board of county canvassers  
and specify the substance of the challenge and request a de novo review by the board of  
state canvassers.  
(7) The board of state canvassers shall accept petitions for a de novo review only for  
challenges that concern the determination of how a specific vote on a ballot for a candidate,  
or for or against a ballot question, is counted.  
(8) Once the board of state canvassers receives a petition for de novo review its  
representative shall make an exhibit detailing the resolution of the challenge that includes  
the ballot, which must be securely sealed in an exhibit envelope and retained by the board  
or its representative. The representative shall provide the clerk responsible for the election  
with a receipt for the ballot that is subject to challenge.  
(9) In the same manner that notice of the recount was given under section 868 of the act,  
MCL 168.868, the board of state canvassers shall notify all interested parties of the date of  
the meeting where the board of state canvassers will consider the petition for a de novo  
review.  
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(10) The interested parties are allowed to present oral and written arguments on the  
challenges at the meeting where the board of state canvassers will consider the petition.  
The arguments presented to the board of state canvassers must be limited to arguments  
made to the board of county canvassers.  
(11) The board of state canvassers shall hear and rule on the challenge at the meeting only  
if the total number of challenges submitted to it could change the result of the election.  
(12) The board of county canvassers or the representative of the board of state canvassers  
may determine a challenge is frivolous. If a challenge is determined to be frivolous, the  
board of state canvassers may decline to consider the challenge appeal. A challenge may  
only be determined to be frivolous if any of the following apply:  
(a) The challenge is based on a procedure already approved by the board of state  
canvassers.  
(b) The challenge is not related to the tabulation of a specific, individual ballot.  
(c) The observer does not provide an explanation for the challenge.  
(d) The observer issues multiple challenges at 1 time or otherwise issues challenges  
designed to delay or interfere with the recount.  
R 168.925a Rescinded.  
R 168.925b Withdrawal of petition; discontinuance of recount.  
Rule 25b. (1) If the individual petitioning for a recount withdraws the petition or  
discontinues the recount before its completion, the original return is determined correct  
regardless of any change shown by the recount of the precincts. It is not necessary for any  
counter petitioner to withdraw or ask for a discontinuance after a petitioner withdraws.  
(2) If the counter petitioner for a recount withdraws the petition or discontinues the  
recount, the original returns for all precincts involved are determined correct regardless of  
any changes shown by the recount at the time of the withdrawal. A counter petitioner shall  
not be allowed to withdraw if all precincts the counter petitioner petitioned have been  
recounted. If a counter petitioner withdraws, the recount of precincts petitioned for by the  
original petitioner must continue until the completion or until the original petitioner  
withdraws.  
(3) All withdrawals must be in writing signed by the petitioning party.  
R 168.926 Rescinded.  
R 168.927 Public observance of recounts; handling of ballots.  
Rule 27. (1) The recount must be open to the public for observation, but the public is not  
allowed within the confines of the actual working area and no individual may vocally or  
otherwise disturb the recount staff or interfere with the recount process. Violation of this  
rule results in removal from the recount area by law enforcement.  
(2) Only the recount staff, the county board of canvassers, the state board of canvassers  
or its representative, or a clerk responsible for maintaining the custody of election materials  
may handle ballots. No member of the public, observer, candidate or the candidate’s  
representative, or a representative of a ballot question committee may touch or otherwise  
handle a ballot or other election materials.  
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R 168.928 Designated representative of board of state canvassers.  
Rule 28. (1) The board of state canvassers may designate 1 or more representatives in  
each county or recount center to supervise the conduct of recounts on the board of state  
canvasser’s behalf.  
(2) The representative of the board shall be an employee of the department of state, a  
county clerk, or a staff member of the county clerk, and must have knowledge and  
experience in conducting a recount.  
(3) If more than 1 representative is present at a recount, the representatives present shall  
designate a lead representative.  
R 168.929 Completion of recount; procedure.  
Rule 29. (1) On completion of the recount of any precinct, all ballots must be placed in  
the ballot container. The ballot containers must be properly sealed with a state seal supplied  
by the board of state canvassers. The ballot containers must be returned to the officers  
charged with their care and custody under R 168.902. The recount staff shall record the  
new seal number on the ballot container certificate.  
(2) At the conclusion of the recount, the board of state canvassers shall notify each  
interested party that the recount is complete. The board of state canvassers shall provide  
notice by mail or email.  
R 168.930 Certificate of recount results.  
Rule 30. The results of the recount for each county must be entered on 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 individuals signing the certificate as members of the board of county  
canvassers are members of that county. The certificate must be delivered to the board of  
state canvassers, which shall then compile the returns from each county and certify the  
result.  
;