Michigan Compiled Laws
116-1954-XXX - Chapter XXX the County Canvass (168.821...168.839)
Section 168.836 - Ordering Special Election in Precinct Affected by Defect or Mechanical Malfunction; Conditions; Effect of Votes in Excess of Electors.

Sec. 836.
(1) The board of canvassers shall order a special election for the office of the petitioning candidate or the ballot question only in each precinct affected by a defect or mechanical malfunction as described in section 831 if all of the following are true:
(a) An elector could not cast a valid vote in the precinct for the petitioning candidate or for or against the ballot question because of the defect or mechanical malfunction.
(b) Based on the available canvass, the number of electors who could not cast valid votes for the office or for or against the ballot question in an election because of the defect or mechanical malfunction is greater than the number of votes separating the candidates getting the most and the second most number of votes or is greater than the number of votes separating total "yes" votes and the total "no" votes.
(2) If the number of votes for an office or for or against a ballot question recorded on a voting machine exceeds the number of electors that voted on the machine, then for the purposes of subsection (1), the difference shall be regarded as the number of electors who, because of a defect or mechanical malfunction as described in section 831, could not cast valid votes for the office or for or against the ballot question.
History: Add. 1982, Act 505, Eff. Mar. 30, 1983 ;-- Am. 1990, Act 95, Imd. Eff. June 6, 1990 Popular Name: Election Code

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 168 - Michigan Election Law

Act 116 of 1954 - Michigan Election Law (168.1 - 168.992)

116-1954-XXX - Chapter XXX the County Canvass (168.821...168.839)

Section 168.821 - Meeting of Board of County Canvassers; Place; Time.

Section 168.822 - Board of County Canvassers; Canvass of Returns, Conclusion; Failure to Certify Election Results.

Section 168.823 - Board of County Canvassers; Power to Summon and Open Ballot Boxes; Correction of Errors; Summoning of Election Inspectors; Designation of Staff to Count Ballots and Make Corrections.

Section 168.824 - Board of County Canvassers; Statement of Votes; Preparation; Seal.

Section 168.824a - Board of County Canvassers; Disclosure of Out-of-Balance Precincts.

Section 168.825 - Statements of Votes; Contents, Certification, Filing.

Section 168.826 - Determination and Declaration of Election Results; Preparation, Delivery, and Filing of Certificate of Determination; Publication of Statement of Votes; Certified Certificate of Election.

Section 168.827 - Certificate of Determination to Secretary of State.

Section 168.828 - Statements of Votes; Certified Copy to Secretary of State.

Section 168.829 - County Provisional Ballot Report; County Affidavit Report; Voter Registration Application Report.

Section 168.830 - County Clerk; Compensation.

Section 168.831 - Defect or Mechanical Malfunction in Election Equipment or Material; Inability of Elector to Cast Valid Vote; Petition for Special Election.

Section 168.832 - Defect or Mechanical Malfunction Described in MCL 168.831; Aggrieved Candidate or Elector; Filing Petition for Special Election.

Section 168.833 - Petition for Special Election; Requirements.

Section 168.834 - Repealed. 1990, Act 95, Imd. Eff. June 6, 1990.

Section 168.835 - Petition for Special Election; Qualification; Meeting of Board of Canvassers; Notice of Time and Place.

Section 168.836 - Ordering Special Election in Precinct Affected by Defect or Mechanical Malfunction; Conditions; Effect of Votes in Excess of Electors.

Section 168.837 - Special Election to Be Conducted by Mail; Sending Ballot to Each Elector; Time Limitation; Request From Board of Canvassers; Time for Returning Ballot.

Section 168.838 - Counting and Reporting Ballots; Manner; Count to Include Number of Votes Cast by Absent Voters.

Section 168.839 - Candidate Not Required to Petition for Recount; Special Election Not Subject to Recount.