2010 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-STATE-CANVASSERS - STATE CANVASSERS (168.878...168.894)
Section 168.881 - Recount petition; deposit; refund; disposition of sum deposited.

Sec. 881.

(1) A person filing a recount petition pursuant to section 879 or 880 shall file the petition with the state bureau of elections. At the time of filing the petition, the petitioner shall deposit the sum of $10.00 for each precinct in which a recount of the votes is demanded in cash or by check or other negotiable instrument made payable to the state of Michigan.

(2) If, by reason of the recount, the petitioner establishes fraud or mistake as set forth in his or her petition and receives a certificate of election or establishes sufficient fraud or mistake to change the result, upon an amendment or proposition, the votes for and against, which were recounted, the state bureau of elections shall refund the money deposited to the petitioner. The secretary of state shall refund the money deposited to a petitioner who is a chairperson of a state political party if the results of the race for which a recount was petitioned for under section 879 are changed. If a refund is not made as required by this section, then the secretary of state shall pay to the treasurer of each county its proportionate share of the deposit based upon the number of precincts in the county in which the votes were recounted.

History: 1954, Act 116, Eff. June 1, 1955 ;-- Am. 1980, Act 200, Imd. Eff. July 18, 1980 ;-- Am. 1995, Act 261, Eff. Mar. 28, 1996
Popular Name: Election Code