R 168.925 Challenged ballots counted or rejected for recount; appeals.

Rule 25. (1) An interested party may make a challenge to the board of county canvassers of a determination to count or not count a specific vote on a ballot for a candidate or for or against a ballot question subject to the recount. (2) Any challenged ballot counted or rejected for recount must be identified by a numbered exhibit card or envelope logically associated with the challenged ballot. (3) The board of canvassers shall keep a record of the challenge, and representatives of all interested parties shall be afforded an opportunity to make a full and complete record of challenges to the proceedings. (4) After the recount of all ballots in a precinct, but before the recount proceeding itself is completed, all challenged ballots must be presented to the board of county canvassers, which will hear arguments on the challenge and decide whether to accept or reject the challenge. (5) An interested party can appeal the decision of the board of county canvassers to the representative of the board of state canvassers, who may confirm, reject, or modify the decision of the board of county canvassers. (6) An interested party can petition the board of state canvassers for a de novo review of the decision of the representative of the board of state canvassers. The petition for de novo review must be filed before the completion of the recount by the board of county canvassers and specify the substance of the challenge and request a de novo review by the board of state canvassers. (7) The board of state canvassers shall accept petitions for a de novo review only for challenges that concern the determination of how a specific vote on a ballot for a candidate, or for or against a ballot question, is counted. (8) Once the board of state canvassers receives a petition for de novo review its representative shall make an exhibit detailing the resolution of the challenge that includes the ballot, which must be securely sealed in an exhibit envelope and retained by the board or its representative. The representative shall provide the clerk responsible for the election with a receipt for the ballot that is subject to challenge. (9) In the same manner that notice of the recount was given under section 868 of the act, MCL 168.868, the board of state canvassers shall notify all interested parties of the date of the meeting where the board of state canvassers will consider the petition for a de novo review. (10) The interested parties are allowed to present oral and written arguments on the challenges at the meeting where the board of state canvassers will consider the petition. The arguments presented to the board of state canvassers must be limited to arguments made to the board of county canvassers. (11) The board of state canvassers shall hear and rule on the challenge at the meeting only if the total number of challenges submitted to it could change the result of the election. (12) The board of county canvassers or the representative of the board of state canvassers may determine a challenge is frivolous. If a challenge is determined to be frivolous, the board of state canvassers may decline to consider the challenge appeal. A challenge may only be determined to be frivolous if any of the following apply: (a) The challenge is based on a procedure already approved by the board of state canvassers. (b) The challenge is not related to the tabulation of a specific, individual ballot. (c) The observer does not provide an explanation for the challenge. (d) The observer issues multiple challenges at 1 time or otherwise issues challenges designed to delay or interfere with the recount.