Michigan elections FAQ: Does new recount law bar fraud investigations?

• A reader asks Bridge how they can challenge election results after recent recount reforms
• Fraud can still be reported to law enforcement officials, but canvassers can no longer investigate on their own
• Voter fraud is ‘extremely rare and isolated’ in Michigan, but perpetrators are caught and prosecuted, state says

As election season draws near and political debates heat up, Bridge Michigan is inviting readers to ask questions about our purple state as part of our Elections FAQ series, which includes a weekly live video show and written responses. 

Submit your question here. 

Melanie from Brandon Township asks: Since we can no longer challenge elections if we suspect fraud or there is a close race, what are our options?

She’s referring to Senate Bill 603, passed in July and recently signed into law by Gov. Gretchen Whitmer, that removed language for partisan canvassers to investigate "fraudulent or illegal voting” during an election recount. 

However, the law still allows election recounts and for criminal investigations of voter fraud, but it changes some of the rules for how those processes will occur. 

As always, Michigan residents can still report suspected voter or election fraud to local law enforcement officials or the Michigan Department of Attorney General by calling 517-335-7659. 

Related:

• Election recount reforms pass Michigan Senate over GOP objections
• Michigan elections FAQ: What safeguards exist to prevent double voting?
• Michigan Elections FAQ: Who are GOP delegates for Trump at RNC?

And under the new law, Republican or Democratic canvassers who suspect fraud played a role in an election are directed to refer the matter to their county’s prosecuting attorney or the state attorney general for potential investigation. 

Recounts are automatically triggered if an election is decided by .1% or less of the total votes cast. Candidates can pay for recounts in the event of wider margins. 

The new law also expands the number of precincts that can be recounted by allowing recounts in precincts that are "out of balance," meaning there is a discrepancy in the number of ballots that were issued and collected, so long as election officials are able to provide a written explanation. 

The legislation was controversial because it directs county canvassers  – two Republicans and two Democrats each – to focus on remedying potential “errors” during election recounts but removed language allowing them to conduct their own investigation into “fraudulent or illegal voting.”

Republicans uniformly voted against the bills, with some alleging the changes would weaken the state’s protections against election fraud. Republican National Committee Chair Michael Whatley went so far as to call it an “election fraud bill.”

But Democratic sponsors and other supporters say the new law is designed to clarify the distinction between recounts and proper investigations, which they say should be conducted by law enforcement – not partisan canvassers. 

“Actual voter fraud in Michigan is extremely rare and isolated,” said Angela Benander, a spokesperson for Secretary of State Jocelyn Benson, a Democrat. “The many security checks in our system prevent it, and when it does happen, the perpetrators are caught and prosecuted.”

Bridge Michigan is answering reader questions through our elections FAQ series. Ask your own question here. We may answer on our next live show, set for Monday, July 22, at 11:30 a.m. Register now for the free, online event.