MICHIGAN ELECTION LAW
Act 116 of 1954
168.866 Recount petition; filing; deadline.
Sec. 866.
(1) Except as otherwise provided in subsection (2), recount petitions, either for an office or ballot question, other than those filed with the secretary of state, must be filed with the clerk of the board of county canvassers that originally conducted the canvass.
(2) For a school district election, recount petitions, either for an office or ballot question, must be filed with the clerk of the board of county canvassers that certified the result of the school district election.
(3) Recount petitions must be filed within 48 hours after the certification of the canvass by the board of county canvassers.
History: 1954, Act 116, Eff. June 1, 1955 ;-- Am. 1963, 2nd Ex. Sess., Act 38, Imd. Eff. Dec. 27, 1963 ;-- Am. 2010, Act 53, Imd. Eff. Apr. 22, 2010 ;-- Am. 2013, Act 51, Imd. Eff. June 11, 2013 ;-- Am. 2024, Act 74, Eff. Apr. 2, 2025
PopularName Notes:
Election Code
Notes of Decisions
Cited in
3
cases (
1 in the last 5 years), 1990–2022 · leading case:
McLogan v. Craig, 174 N.W.2d 166 (Mich. Ct. App. 1997).
McLogan v. Craig, 174 N.W.2d 166 (Mich. Ct. App. 1997).
· cites it 2× “The statutes controlling recounts were complied with, except defendant failed to file a copy of the petition with the secretary of state as required by MCLA § 168.866 (Stat Ann 1969 Cum Supp § 6.”
Tom J Barrow v. Wayne Cnty. Bd. of Canvassers (Mich. Ct. App. 2022).
“But MCL 168.866(3) provides: “Recount petitions shall be filed within 6 days after the original canvass has been completed by 4 See Can IV Packard Square, LLC v Packard Square, LLC, 328 Mich App 656 , 661; 939 NW2d 454 (2019), quoting In re Tchakarova, 328 Mich App 172 , 178;…”
— Mich. Comp. Laws § 168.866(3) — 1 case
Tom J Barrow v. Wayne Cnty. Bd. of Canvassers (Mich. Ct. App. 2022).
“But MCL 168.866(3) provides: “Recount petitions shall be filed within 6 days after the original canvass has been completed by 4 See Can IV Packard Square, LLC v Packard Square, LLC, 328 Mich App 656 , 661; 939 NW2d 454 (2019), quoting In re Tchakarova, 328 Mich App 172 , 178;…”
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