Michigan Governor Signs Bills Into Law Modifying Election Recounts

Michigan Gov. Gretchen Whitmer speaks at an event in National Harbor, Md., on May 4, 2023. Kevin Dietsch/Getty Images

Michigan Gov. Gretchen Whitmer signed bills into law this week that change the way election recounts are carried out in the state, prohibiting county canvassers to investigate allegations of fraud.

The text of Senate Bill 603 changes provisions around election recounts, and it states that a recount will not be an “investigation or an audit of the conduct of an election” and will not determine “the qualifications of electors participating in an election or the manner in which ballots are applied for or issued to electors.”

The recount process will be initiated in Michigan for precincts that show an “imbalance between the ballots collected and ballots issued as long as they provide a satisfactory explanation and a sworn affidavit in a form prescribed by the Secretary of State,” according to Ms. Whitmer’s office in a news release.

It will also increase the state’s recount filing fees for what her office said was to account “for the costs of conducting a recount.”

The law also requires that a recount has to be filed within 48 hours of the certification of the votes by a board of canvassers. Meanwhile, it will force a board of canvassers to “deny” a petition to “conduct an investigation or an audit of the conduct of an election” or asks them to assess the qualifications of electors, or a petition for anything other than a recount.

The board has to refer the matter to a prosecuting attorney of the county or Michigan’s attorney general’s office for prosecution.

“The bill defines a recount as an administrative process to determine votes cast for a candidate or ballot question. It makes clear that a recount is not an audit or investigation,” the sponsor of the measure, Michigan state Rep. Stephanie Chang, a Democrat, said in May. “As we all know from four years ago, those words are not interchangeable and this clarification of the law is important to minimize confusion among voters.”

As for Senate Bill 604, its text states that it will modify the sentencing guidelines for certain Michigan election-related violations in connection to recount violations.

“These bipartisan bills address a range of issues that will build a stronger future for our communities,” said Ms. Whitmer in the news release after she signed the two measures into law.

She said the two laws will bolster “fair and free elections that make sure the winner can take office without unnecessary interference,” according to the release.

Before the the recount bill was passed, the House Committee on Elections issued an analysis that found that Green Party candidate Jill Stein requested a recount of ballots in Michigan in 2016, although she received about 1.07 percent of the vote during that contest.

It also made note of two petitions filed in the 2022 midterms that requested statewide recounts of two proposals over voter fraud allegations, although “neither petition requested a recount of enough votes to impact the results” and the recount cost was “higher than the collected deposit.” The analysis made no reference to the 2020 election, which underwent a statewide audit and a hand recount.

Opposition

A number state House Republican lawmakers opposed the two election measures. Some argued that the two laws will erode voters’ confidence in the accuracy of statewide elections, while other opponents said that removing board of canvassers’ ability to carry out audits will make investigating allegations of voter fraud more difficult.

“I understand the importance of preventing frivolous recounts, but we must also acknowledge the rights of candidates and voters to ensure they have confidence in the results,” state Rep. Ann Bollin, a Republican, said in a statement in June.

“By making recounts too expensive, we are effectively pricing out local candidates from ensuring the accuracy of election results and diminishing the public’s confidence in the process.”

The lawmaker, a former elections clerk, said that “most recounts are not because of accusations of fraud, but because results are close.”

Michigan state Rep. Jaime Greene, another Republican, said the measures are “counterproductive when several red flags have arisen within the state’s elections process.”

Ms. Greene said the measure will reduce the state’s abilities to determine “if someone votes in multiple states, a real issue facing the state of Michigan as evidenced by the Secretary of State removing some 170,000 people no longer living here from our voter rolls only after she was sued.”