R 168.792
R 168.792 Canvass.
Cite as Mich. Admin. Code R 168.792
Rule 22. (1) A board of canvassers may, for reasonable cause, require the individual
who programmed the tabulators to appear before the board, to bring documents pertinent
to the programming, and to answer questions relevant to the programming.
(2) A board of canvassers may, for reasonable cause, require the individual having
the custody of the tabulator to appear before the board. A board of canvassers may
conduct a test to determine the accuracy of the programmed tabulator.
(3) After testing, if it is found that the tabulator that was used to tabulate the ballots
produced incorrect returns, a board of canvassers may require the individual who
prepared and programmed the tabulator to correct the portions of the program found to be
in error and submit to it a corrected program to be used to retabulate the ballots. In that
event, an accuracy test must be held under the direction of the board of canvassers at
which time the corrected program must be tested and certified as provided in these rules.
The ballots of the precincts must be retabulated using the corrected program in the same
manner as prescribed in R 168.790. A board of canvassers may summon the board of
election inspectors that originally certified the returns to retabulate the ballots and make
correct returns. The board of canvassers shall canvass the votes from the corrected
returns.
(4) When an examination of documents or programs is completed or the ballots have
been counted or retabulated, they must be returned to the ballot container or containers
and sealed and delivered to their legal custodian. The number of the seal must be
recorded on a certificate to be filed with the clerk of the board of canvassers.
(5) When an election of a local unit of government is held at the same time as a
county or state election and is to be certified by a local board of canvassers, that board
shall not proceed under this rule until obtaining approval from the board of county
canvassers.