Michigan Compiled Laws

Mich. Comp. Laws § 168.862 (2026)

Error in canvass or returns of votes; recount petition by candidate; good-faith belief in winning.

✓ current as of July 2026

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MICHIGAN ELECTION LAW

Act 116 of 1954

168.862 Error in canvass or returns of votes; recount petition by candidate; good-faith belief in winning.

Sec. 862.

A candidate for office who believes that the candidate is aggrieved on account of error in the canvass or returns of the votes may petition for a recount of the votes cast for that office in any precinct or precincts. A candidate is aggrieved if the candidate is able to allege a good-faith belief that, but for error in the canvass or returns of the votes, the candidate would have had a reasonable chance of winning the election. If a candidate for office files a recount petition, that candidate must file that recount petition in good faith and the number of votes requested to be recounted must, at a minimum, be greater than the difference in votes between the petitioning candidate and the winning candidate. The candidate must use the form as required under section 865(1).

History: 1954, Act 116, Eff. June 1, 1955 ;-- Am. 1958, Act 192, Eff. Sept. 13, 1958 ;-- Am. 1976, Act 141, Imd. Eff. June 2, 1976 ;-- Am. 2003, Act 302, Eff. Jan. 1, 2005 ;-- Am. 2018, Act 128, Eff. Aug. 1, 2018 ;-- Am. 2024, Act 74, Eff. Apr. 2, 2025

PopularName Notes:

Election Code

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 1997–2025 · leading case: Michigan Educ. Ass'n Political Action Comm. v. Sec'y of State, 616 N.W.2d 234 (Mich. Ct. App. 2000).

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Michigan Educ. Ass'n Political Action Comm. v. Sec'y of State, 616 N.W.2d 234 (Mich. Ct. App. 2000). · cites it 4× “1954 PA 116 , § 862, MCLA 168.862; MSA 6.1862. There are costs involved in holding a recount just as there are costs involved in seeking office.”

McLogan v. Craig, 174 N.W.2d 166 (Mich. Ct. App. 1997). · cites it 2× “By MCLA § 168.862 (Stat Ann 1969 Cum Supp § 6.”

Donald J Trump v. Bd. of State Canvassers (Mich. 2016). · cites it 2× “879(1)(b), MCL 168.862 provides that “[a] candidate for office who believes he or she is aggrieved on account of fraud or mistake in the canvass or returns of the votes by the election inspectors may petition for a recount .”

Tom J Barrow v. Wayne Cnty. Bd. of Canvassers (Mich. Ct. App. 2022). · cites it 2× “MCL 168.862 allows a losing candidate to petition the applicable board of county canvassers1 for a recount: 1 A board of county canvassers has two main functions: to “determine and declare the results of an election for all county and local propositions,” Wills v Iron Co Bd of…”

20250218_C370776_46_370776.Opn.Pdf (Mich. Ct. App. 2025). · cites it 2× “” MCL 168.870 permits the board to issue subpoenas to persons in charge of ballot boxes.”

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