Michigan Compiled Laws
116-1954-XXXIII-COUNTY-CITY-TOWNSHIP-AND-VILLAGE-BOARDS-OF-CANVA - County, City, Township and Village Boards of Canvassers (168.861...168.877)
Section 168.872 - Board of Canvassers; Investigation, Report to Prosecutor and Circuit Judge.

Sec. 872.
Whenever a petition has been filed for a recount by any person conceiving himself aggrieved on account of any fraud, wrongdoing or violation of the law perpetrated or committed by any election inspector or inspectors or any other person in respect to said election for which said recount has been petitioned, in any primary or election, and 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 for which said recount has been petitioned, the said canvassers shall make full and complete investigation of the same. Said canvassers shall have full power and authority to subpoena witnesses and to open any ballot box, regardless of the condition in which the same may be found, and may break open, if sealed, the seal thereon and examine the ballots contained therein. If, after the investigation, said board has good reason to believe that any fraud, wrongdoing or a violation of the law has been committed in respect to said election, then said board of canvassers shall forthwith make a written report of their findings to the prosecuting attorney and to the circuit judge or judges of the county where the petitioner resides if it be a county, city, township or village election, and to the attorney general and to the circuit judge of the county of Ingham if it be a district or state election. Said reports shall be signed by each of the canvassers having jurisdiction of said recount, or a majority thereof. Pending the making of such report, the board of canvassers having jurisdiction of such recount shall carefully preserve and safeguard the ballot boxes and the ballots contained therein until an order of the court, to which said report was submitted, is made authorizing the disposition of the same. Any action taken in such investigation shall not preclude any official recount of the ballots cast at any such election, if otherwise allowed by the general election laws. The powers of investigation referred to in this section shall terminate with the completion of the recount.
History: 1954, Act 116, Eff. June 1, 1955 ;-- Am. 1965, Act 82, Imd. Eff. June 24, 1965 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-XXXIII - Chapter XXXIII Recounts (168.861...168.894)

116-1954-XXXIII-COUNTY-CITY-TOWNSHIP-AND-VILLAGE-BOARDS-OF-CANVA - County, City, Township and Village Boards of Canvassers (168.861...168.877)

Section 168.861 - Fraudulent or Illegal Voting, or Tampering With Ballots or Ballot Boxes; Remedy by Quo Warranto.

Section 168.862 - Fraud or Mistake in Canvass or Returns of Votes; Recount Petition by Candidate; Good-Faith Belief in Winning.

Section 168.863 - Fraud or Error as to Proposed Charter Amendment or Other Ballot Question; Recount Petition by Elector.

Section 168.864 - Repealed. 1996, Act 261, Eff. Mar. 28, 1996.

Section 168.865 - Recount Petition; Contents.

Section 168.866 - Recount Petition; Filing; Deadline; Filing of Copy With Secretary of State.

Section 168.867 - Recount Petition; Filing; Deposit; Refund; Disposition of Sum Deposited.

Section 168.868 - Recount Petition; Notice to Opposing Candidates; Counter Petition; Objections to Recount Petition; Hearing; Ruling; Failure to Give Notice to Opposing Candidate.

Section 168.869 - Recount Petition; Investigation, Delay; Expenses of Local Recount.

Section 168.870 - Board of Canvassers; Investigation of Recount.

Section 168.871 - Recount; Use of Electronic Voting System; Use of Voting Machines; Recount of Absent Voter Ballots; Procedures for Conduct of Recount; Use of Computer; Testing Software Application.

Section 168.871a - Challenge Raised by Candidate or Elector; Resolution; Petition Disagreeing With Resolution; Notice; Hearing; Ruling.

Section 168.872 - Board of Canvassers; Investigation, Report to Prosecutor and Circuit Judge.

Section 168.873 - Recount; Misconduct of Employees, Felony.

Section 168.874 - Recount; Return of Ballots; Manner of Counting Votes.

Section 168.875 - Recount; Completion.

Section 168.876 - Recount; Returns by Board of Canvassers, Withdrawal of Petition; Final Report Open to Public Inspection.

Section 168.877 - Review of Apparent Error by Certiorari.