Michigan Compiled Laws

Mich. Comp. Laws § 168.861 (2026)

Postcertification recounts; administrative process; denial of petitions for investigation or audit; liberal construction of chapter; "precinct" defined.

✓ current as of July 2026

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MICHIGAN ELECTION LAW

Act 116 of 1954

168.861 Postcertification recounts; administrative process; denial of petitions for investigation or audit; liberal construction of chapter; "precinct" defined.

Sec. 861.

(1) A board of canvassers is authorized to conduct postcertification recounts of election results under procedures described in this chapter, and all recounts in this state must be conducted under the procedures described in this chapter.

(2) A recount conducted under this chapter by a board of canvassers 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) A recount is not an investigation or an audit of the conduct of an election, and a recount does not assess the qualifications of electors participating in an election or the manner in which ballots are applied for or issued to electors. If a board of 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 subsection (2), the board of canvassers must deny that petition.

(4) This chapter shall be liberally construed to achieve the purpose of fair, impartial, uniform, and expeditious recounts in this state.

(5) As used in this chapter, "precinct" means any of the following:

(a) An election day precinct.

(b) A precinct at an absent voter counting board.

History: 1954, Act 116, Eff. June 1, 1955 ;-- Am. 1963, 2nd Ex. Sess., Act 38, Imd. Eff. Dec. 27, 1963 ;-- Am. 2024, Act 74, Eff. Apr. 2, 2025

PopularName Notes:

Election Code

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 1987–2025 · leading case: Hanlin v. Saugatuck Twp., 829 N.W.2d 335 (Mich. Ct. App. 2013).

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Hanlin v. Saugatuck Twp., 829 N.W.2d 335 (Mich. Ct. App. 2013). · cites it 16× “4545 and on the basis of “fraudulent or illegal voting, or tampering with ballots or ballot boxes before a recount” pursuant to MCL 168.861. Plaintiffs also argued that quo warranto was justified because voters were misled regarding the millage proposal, and that the township…”

Frey v. Dep't of Mgmt. & Budget, 414 N.W.2d 873 (Mich. 1987). · cites it 2× “However, in reviewing this section of the Michigan Election Law, we did not find any reference to the reason for the ten-day delay in effect for laws approved by a majority of the voters. Consequently, we find that this section of the Michigan Election Law does not provide…”

William Bailey v. Cnty. of Antrim (Mich. Ct. App. 2022). · cites it 7× “765(5), and MCL 168.861. Plaintiff requested that the trial court A.”

Donald J Trump v. Bd. of State Canvassers (Mich. 2016). · cites it 2× “11 MCL 168.861 et seq. 12 Emphasis added. There is no requirement in this subchapter, MCL 168.”

20250218_C370776_46_370776.Opn.Pdf (Mich. Ct. App. 2025). · cites it 2× “MCL 168.861(5) states: As used in this chapter, “precinct” means any of the following: (a) An election day precinct.”

Angelic Johnson v. Sec'y of State (Mich. 2020). “306; see also MCL 168.861 (“For fraudulent or illegal voting, or tampering with the ballots or ballot boxes before a recount by the board of county canvassers, the remedy by quo warranto shall remain in full force, together with any other remedies now existing.”

— Mich. Comp. Laws § 168.861(5) — 1 case

20250218_C370776_46_370776.Opn.Pdf (Mich. Ct. App. 2025). “MCL 168.861(5) states: As used in this chapter, “precinct” means any of the following: (a) An election day precinct.”

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