Michigan Compiled Laws

Mich. Comp. Laws § 168.870 (2026)

Delivery of ballots, ballot containers, and other election materials to board of county canvassers; subpoena; failure to produce; violation as misdemeanor; compensation for fees and mileage.

✓ current as of July 2026

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MICHIGAN ELECTION LAW

Act 116 of 1954

168.870 Delivery of ballots, ballot containers, and other election materials to board of county canvassers; subpoena; failure to produce; violation as misdemeanor; compensation for fees and mileage.

Sec. 870.

(1) The individual in charge of the ballot containers for each precinct referred to in the recount petition, as well as the individual in charge of any other election materials that are considered necessary, shall bring those ballot containers and election materials to the board of county canvassers as requested by the board. The board shall safely guard the ballots, ballot containers, and other election materials, and when those are no longer required, shall return those ballots, ballot containers, and other election materials to the individuals in charge of those ballots, ballot containers, and other election materials.

(2) If an individual in charge of ballots, ballot containers, or election materials fails to deliver those ballots, ballot containers, or election materials to the board of canvassers, the board of canvassers may subpoena that individual to compel delivery of those ballots, ballot containers, or election materials. If an individual is subpoenaed and fails to appear or fails to produce any requested ballots, ballot containers, or election materials, that individual is guilty of a misdemeanor.

(3) The individuals who are required to appear before the board of canvassers shall be paid the same fees and mileage as are paid circuit court witnesses in the county.

History: 1954, Act 116, Eff. June 1, 1955 ;-- Am. 2024, Act 74, Eff. Apr. 2, 2025

PopularName Notes:

Election Code

Notes of Decisions

Cited in 2 cases (2 in the last 5 years), 2022–2025 · leading case: Tom J Barrow v. Wayne Cnty. Bd. of Canvassers (Mich. Ct. App. 2022).

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Tom J Barrow v. Wayne Cnty. Bd. of Canvassers (Mich. Ct. App. 2022). · cites it 2× “869 and MCL 168.870. He also asked for a declaratory judgment declaring that defendant had a duty to investigate in accordance with these statutes and an order requiring defendant to show cause why a declaratory judgment should not issue.”

20250218_C370776_46_370776.Opn.Pdf (Mich. Ct. App. 2025). “872 provides that when it “shall appear to the board of canvassers having jurisdiction over said recount that there is probably cause to believe that there has been fraud, wrongdoing or a violation of the law in respect to said election .”

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