Local and State Election Recount Requirements

Senate bills 603 and 604 change local and state election recount requirements and fees, a pressing need statewide exemplified by recent expensive and unnecessary recounts for local and state governments, most of which did not alter the outcome of elections.

SB 603 sets new rules for how a recount can be called by setting a new precedent that recounts can only be called in instances where there is a clear error in the vote counts – and no longer allows for recounts in the case of suspected fraud or mistakes which previously qualified as a legal reason to have a recount. SB 603 also increases the fees associated with recounts to provide adequate funding to local municipalities and the state for the high administrative costs of conducting a recount. 

Importantly, SB 603 allows recounts only when the recount is counting enough votes to change the outcome of an election or ballot question; and requires automatic recounts in elections where the outcome was determined by a 0.1% or less difference between the number of votes cast, a change to the previous 2000 votes required.  

SB 604 updates Michigan’s Code of Criminal Procedure to reflect the changes made within SB 603 for penalties applying to anyone interfering with a recount.