Michigan House passes Senate bill modifying election recounts

Legislation changing the requirements for asking for and conducting ballot recounts passed both the Michigan House and Senate recently, overriding concerns that the bills could compromise election security.

Senate Bills 603 and 604 would, among other changes, eliminate the board of canvasser’s investigative powers, instead requiring the board to refer any allegations of fraud to the relevant county prosecutor, rather than conducting a recount. Only alleged errors could merit a recount, and only when the alleged errors could potentially change election results.

Supporters of the bills say the legislation will help prevent frivolous or bad faith recounts and modernize the recount process. Opponents argue the bills make it much harder to address suspected fraud.

Rep. Rachelle Smit, R-Martin, the Republican vice chair of the House Elections Committee and a former local elections clerk, said it is a mistake to remove allegations of fraud as an allowable reason for recounts.

“Under current law, vote recounts may be done based on allegations of fraud or mistake, but the legislation voted on today not only removes fraud as a reason for a recount, but also states that recount petitions may only allege an error and requires petitions to be based on the notion that the election results would have been different without that error.”

The Campaign Legal Center testified in support of the bill.

“SB 603 will make important clarifications and changes to the current recount process to help prevent potential abuses of the system, and to ensure that recounts are conducted only in situations where discrepancies could potentially change the outcome…SB 603 will protect the recount process from being used for partisan purposes,” it said.

State Rep. Greg Markkanen, R-Hancock, who voted against the bill, expressed his disappointment.

“Passing a law crippling checks and balances of our election system only further deepens public distrust. The world is full of bad people who may do bad things, including defraud our elections. Our system must be robust and equipped with all the tools necessary to uncover and investigate all discrepancies,” Markkanen said in a news release.