HB-5012, As Passed House, November 1, 2017 HOUSE BILL No. 5012 September 26, 2017, Introduced by Reps. Lilly, Victory, Sheppard, VanSingel, Webber, Calley, Miller and Kesto and referred to the Committee on Elections and Ethics. A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 862 and 879 (MCL 168.862 and 168.879), section 862 as amended by 2003 PA 302 and section 879 as amended by 1999 PA 216. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: Sec. 862. A candidate for office who believes he or she is aggrieved on account of fraud or mistake in the canvass or returns of the votes by the election inspectors may petition for a recount of the votes cast for that office in any precinct or precincts as provided in this chapter. The candidate must be able to allege a good-faith belief that but for fraud or mistake, the candidate would have had a reasonable chance of winning the election. Sec. 879. (1) A candidate voted for at a primary or election





for an office may petition for a recount of the votes if all of the following requirements are met: (a) The office is an office for which the votes are canvassed by the board of state canvassers under section 841 or is the office of representative Representative in Congress, state representative, or state senator for a district located wholly within 1 county. (b) The petition alleges that the candidate is aggrieved on account of fraud or mistake in the canvass of the votes by the inspectors of election or the returns made by the inspectors of election, or by a board of county canvassers or the board of state canvassers. The candidate must be able to allege a good-faith belief that but for fraud or mistake, the candidate would have had a reasonable chance of winning the election. The petition shall must contain specific allegations of wrongdoing only if evidence of that wrongdoing is available to the petitioner. If evidence of wrongdoing is not available, the petitioner is only required to allege fraud or a mistake in the petition without further specification. (c) Except as otherwise provided in this subdivision, the petition for a recount is filed not later than 48 hours following the completion of the canvass of votes cast at an election. If the recount petition relates to a state senatorial or representative district located wholly within 1 county or to the district of a representative Representative in Congress located wholly within 1 county, the petition for a recount shall must be filed not later than 48 hours following the adjournment of the meeting of the board of state canvassers at which the certificate of determination for





that office was recorded pursuant to under section 841. However, for a special election for representative Representative in Congress, state senator, or state representative for a district located wholly within 1 county, the petition for recount shall must be filed not later than 48 hours after the certificate of determination is filed with the secretary of the board of state canvassers. (d) The petition is presented to and filed with the secretary of state. (e) The petition is written or printed and is signed and sworn to by the candidate. (f) The petition sets forth as nearly as possible the nature and character of the fraud or mistakes alleged and the counties, cities, or townships and the precincts in which they exist. (g) The petition specifies the counties, cities, townships, and precincts in which the recount is requested. (h) If the office is the office of state representative, a copy of the petition is filed with the clerk of the house of representatives. If the office is the office of state senator, a copy of the petition shall be is filed with the secretary of the senate. (2) If a state senatorial race is determined by a vote differential of 500 votes or less or a state representative race is determined by a vote differential of 200 votes or less, the chairperson of a state political party may petition for a recount of the votes on behalf of a candidate in that race in the manner prescribed in subsection (1). Notwithstanding subsection (1)(b) and



