Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
MOAHR-Rules@michigan.gov  
AGENCY REPORT TO THE  
JOINT COMMITTEE ON ADMINISTRATIVE RULES (JCAR)  
AGENCY INFORMATION:  
Agency name:  
State  
Division/Bureau/Office:  
Elections & Campaign Finance  
Name of person completing this form:  
Alessa Boes  
Phone number of person completing this form:  
517-599-3410  
Email of person completing this form:  
BoesA@michigan.gov  
Name of Department Regulatory Affairs Officer reviewing this form:  
Doug Novak  
RULE SET INFORMATION:  
MOAHR assigned rule set number:  
2024-18 ST  
Title of the proposed rule set:  
Conduct of Election Recounts  
1. Purpose of the proposed rules and background:  
The purpose of these rules is to update the terminology to account for technological and procedural changes since the  
rules were promulgated in 1979. The rules will also be updated to conform with current legal requirements and current  
practices.  
2. Summary of the proposed rules:  
The purpose of these rules is to amend the Conduct of Election Recounts rules by updating terminology to account for  
technological and procedural changes since the rules were promulgated in 1979. The rules will also be updated to  
conform with current legal requirements and current practices.  
3. List names of newspapers in which the notice of public hearing was published and publication  
dates:  
The Mining Journal on May 29, 2024, the Detroit News and Free Press on May 30, 2024, and the Holland Sentinel on  
May 30, 2024.  
4. Date of publication of the proposed rules and notice of public hearing in the Michigan Register:  
6/1/2024  
5. Date, time, and location of the public hearing:  
6/17/2024 10:00 AM at Room 1100 of the Binsfeld Office Building, 201 Townsend St. Lansing, MI 48933  
6. Provide the link the agency used to post the regulatory impact statement and cost-benefit analysis  
on its website:  
https://ARS.apps.lara.state.mi.us/Transaction/RFRTransaction?TransactionID=1525  
MCL 24.242 and 24.245  
Agency Report to JCAR -Page 2  
7. List of the name and title of agency representative(s) who attended the public hearing:  
Adam Fracassi, Regulatory Manager, Bureau of Elections, Department of State.  
Alessa Boes, Regulatory Attorney, Bureau of Elections, Department of State.  
8. Persons submitting comments of support:  
None.  
9. Persons submitting comments of opposition:  
None.  
10. Persons submitting other comments:  
Joseph Rozell, Director of Elections, County of Oakland.  
11. Identify any changes made to the proposed rules based on comments received during the public  
comment period:  
Name &  
Comments Made at Written Comments  
Agency Rationale for Rule Rule Number &  
Organization Public Hearing  
Change & Description of  
Change(s) Made  
Citation  
Changed  
1
2
Joseph Rozell,  
Director of  
Elections,  
County of  
Oakland  
Joseph Rozell,  
Director of  
Elections,  
County of  
Oakland  
Add “a precinct at”  
Made suggested change  
R 168.901(f)(ii)  
before “an absent voter because it is accurate and  
counting board” in the adds clarity.  
definition of precinct.  
Add “electronic voting Made suggested changes  
systems” to the list of because they are accurate  
items to be delivered to and make the rule more  
the board of state  
canvassers and add  
the caveat of “not  
delivered to the board  
of county canvassers”  
to the directions about  
what items must  
R 168.903(3)-(4)  
complete.  
remain in the clerk’s  
possession.  
3
Joseph Rozell,  
Director of  
Elections,  
County of  
Oakland  
Change the word  
“notes” to “remarks,”  
strike language  
referring to procedures both changes add clarity to  
mandated by the local the rule. Did not change  
clerk, and change the “tapes” to “reports” because  
reference to tabulator the language in SB 603,  
Changed word “notes” to  
“remarks” and struck  
suggested language because 168.901(1)(h)  
R 168.910(3)-  
(4) ꢀR  
(new definition  
added) ꢀ  
“tapes” to tabulator  
“reports.”  
which is enrolled and will  
become law, says “tapes.”  
However, because there are  
situations where there is no  
tabulator tape and only the  
tabulator report is available,  
added a definition of  
“tabulator tape” that clarifies  
that tabulator tape includes  
the tabulator report when  
there is no tabulator tape.  
This addresses the concern  
raised by the comment while  
MCL 24.242 and 24.245  
Agency Report to JCAR -Page 3  
still aligning with the statutory  
language.  
4
5
6
Joseph Rozell,  
Director of  
Elections,  
County of  
Oakland  
Joseph Rozell,  
Director of  
Elections,  
County of  
Oakland  
Joseph Rozell,  
Director of  
Elections,  
County of  
Oakland  
Strike subrules (4) and Made suggested change  
R 168.911(4)-(5)  
R 168.922(1)  
(5).  
because upon review  
subrules (4) and (5) are not  
necessary.  
Strike language about Made suggested change  
separating votes into because upon review the  
piles of different types separation that was  
of votes. described is not mandated by  
law and not necessary.  
Strike subrules (5), (6), Made suggested change  
R 168.923(5)-(7),  
(7), and (9) and omit  
the reference to  
because upon review agree (9)-(10)  
that subrules (5)-(7) and (9)  
marking ballots as not do not contain material  
counted by the  
inspector in subrule  
(10).  
needed in the rules and  
agree that suggested  
language to be struck in (10)  
is not necessary.  
7
Joseph Rozell,  
Director of  
Elections,  
County of  
Oakland  
Add “or envelope” to  
the list of ways to  
identify challenged  
ballots counted or  
rejected for recount  
and add “appeal” to  
clarify a reference to a  
challenge.  
Made suggested changes  
because a numbered  
envelope is an appropriate  
way to identify a ballot in this  
context, and addition of word  
“appeal” adds clarity.  
R 168.925(2) and  
(12)  
12. Date report completed:  
5/7/2026  
MCL 24.242 and 24.245  
;