Mich. Admin. Code R. 168.793 - Recount

Rule 23.

(1) In a recount of a precinct using an electronic voting system, rules promulgated by the board of state canvassers for use in recounts shall apply except where superseded by these rules.

(2) The ballots of a precinct shall be recountable unless any of the following conditions occur:

(a) The seal on the transfer case is broken or bears a different number than that recorded on the poll book, the breaking or discrepancy is unexplained, and security has not been preserved.

(b) The number of ballot cards and the number of voters shown on the poll list do not conform, and the difference cannot be explained to the satisfaction of the board of canvassers conducting the recount.

(c) The seal used to seal the ballot label assembly to a voting device in the precinct is broken or bears a different number than recorded, and the ballot labels or rotation of candidate names is different than that shown by the other devices in the precinct and records of the election commission.

(3) If a board of canvassers determines that the ballots of a precinct are not recountable, the original return of the votes for that precinct shall be taken as correct.

(4) A board of canvassers may conduct a recount by:

(a) A manual tally of ballot cards.

(b) A tabulation of the ballot cards on a computer using a program designated specifically to count only the offices or proposals being recounted.

(c) A tabulation of the ballot cards on a computer using the same program used on election day.

(d) A combination of subrule (4)(a), (b), and (c).

(5) If a computer is used in a recount, a board of canvassers shall test the program by use of a test deck to determine that the program accurately counts the votes for the offices or proposals being recounted.

Notes

Mich. Admin. Code R. 168.793

1979 AC