Michigan’s election recount rules could change under proposal

In Michigan, election recounts may soon be limited to cases where the outcome can change.

The Board of State Canvassers, which oversees parts of the election process, said proposed rule change and others on the final step of the rulemaking process on Friday.

Now it is up to a Body of legislators to decide on the adoption of the new rules as soon as the electoral office has prepared all the materials for it.

Jonathan Brater, director of the elections office, said the changes are a way to prevent abuse of the recount process.

“The purpose of the recount is to recount the ballots. It is not to investigate other issues that are properly the purview of law enforcement or the courts,” Brater said.

The proposed changes to the administrative provisions reflect a new state law which was signed earlier this month. The law is expected to come into effect next year.

Brater said the changes could go into effect through the administrative rulemaking process in time for the general election in November.

“But even putting that aside, it’s helpful if the rules are consistent with the legislation. So we want the administrative rules to be as consistent as possible with what’s in the electoral law. Because otherwise we would basically have to go back and rewrite the rules at a later date,” he said.

Outside of the recount process, the Board of State Canvassers approved some proposed changes to its Meeting procedures Friday.

One of the biggest changes would require anyone appearing before the committee to submit documents, such as briefs, at least 48 hours in advance.

Brater said this would help reduce the number of people presenting information to the board at the last minute.

“I think this doesn’t put the election office staff or the board in a position to really review the submissions in a meaningful way and take them into account in their decisions. Hopefully this will create more consistency and structure for everyone involved in the process,” Brater said.

These proposed changes are currently in the early stages of the rulemaking process.

Before they can finally come into force, they will be subject to public comment and review by the body of legislators.