December 3, 2013, Introduced by Senator SMITH and referred to the Committee on Local Government and Elections.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 24a, 30g, 307, 308, 323, 347, 355, 426c, 426f,
426l, 792, 806, 809, 822, 823, 826, 866, 867, and 868 (MCL 168.24a,
168.30g, 168.307, 168.308, 168.323, 168.347, 168.355, 168.426c,
168.426f, 168.426l, 168.792, 168.806, 168.809, 168.822, 168.823,
168.826, 168.866, 168.867, and 168.868), as amended by 2013 PA 51,
and by adding sections 30a, 30b, 30c, 30d, 30e, and 360.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 24a. (1) A 4-member board of county canvassers is
established in every county in this state. All of the powers
granted to and duties required by law to be performed by all boards
of canvassers established by law, other than the board of state
canvassers, boards of city canvassers in cities having more than 5
precincts, boards of canvassers in counties having a population of
1,500,000 or more, and boards of township canvassers in townships
having more than 5 precincts, are granted to and required to be
performed by the board of county canvassers.
(2) The board of county canvassers shall conduct all recounts
of elections in cities, townships, villages, school districts,
metropolitan districts, or any other districts and be vested with
all of the powers and required to perform all the duties in
connection with any recount.
(3) If a city, village, metropolitan district, or any other
district, other than a school district, lies in more than 1 county,
and a duty is to be performed by the board of county canvassers,
the board of county canvassers in the county in which the greatest
number of registered voters of the city, village, metropolitan
district or other district resides at the close of registration for
the election involved shall perform the duty.
(4) Except as otherwise provided in this subsection, if a
school district lies in more than 1 county, the board of county
canvassers for each county in which a portion of the school
district lies shall canvass that portion of a school district
election that is held in that county. If a school district election
precinct lies in more than 1 county, the board of county canvassers
of the county in which the largest number of registered electors of
that precinct reside shall canvass the results of that precinct.
Notwithstanding the provisions of the preceding 2 sentences, unless
the school district election is conducted on the same date as
another election in the county, a board of county canvassers that
is not responsible for certifying the results of the school
district election is not required to meet to canvass the school
district election and the board of county canvassers responsible
for certifying the results of the school district election shall
canvass that portion of the school district election held in that
county. Upon completion of the canvass, the clerk of the board of
county canvassers shall transmit the canvassed results to the
county clerk of the county in which the largest number of
registered electors of that school district reside. Upon receipt of
the canvassed results, the county clerk of the county in which the
largest number of registered electors of that school district
reside shall make a statement of returns and certify the results of
the school district election to the secretary of the school board.
Notwithstanding any of the foregoing provisions of this subsection,
if a city or village that lies in more than 1 county conducts an
election on the same date as a school district that lies within the
city or village that is conducting an election, that portion of the
school district election held within that city or village shall be
canvassed by the canvassing board responsible for canvassing the
city or village election.
(5) The cost of canvass of school, metropolitan district,
city, township, and village elections shall be borne by the school
district, metropolitan district, city, township, or village holding
the election, and upon presentation of a bill for the costs
incurred by the board of county canvassers, the school district,
metropolitan district, city, township, or village shall reimburse
the county treasurer.
(6) All boards of canvassers provided for in law including
boards of school canvassers, the duties of which are by this act
required to be performed by boards of county canvassers, are
abolished.
(7) Members of the board of county canvassers shall be
appointed for terms of 4 years beginning on November 1 following
their appointment. Of the members first appointed, 1 member of each
of the political parties represented on the board of county
canvassers shall be appointed for a term of 4 years and 1 for a
term of 2 years. The county clerk shall notify members of the board
of county canvassers of their appointment within 5 days of being
appointed.
(8) This section applies to all elections, any charter
provision to the contrary notwithstanding.
Sec. 30a. (1) A 4-member board of canvassers is established in
every city and township having more than 5 precincts,
notwithstanding a statutory or charter provision, or other rule or
law, to the contrary. All of the powers granted to and duties
required by law to be performed by boards of city and township
canvassers are granted to and required to be performed by the
boards of city and township canvassers in cities and townships
having more than 5 precincts. Members of the board of canvassers
shall be appointed for terms of 4 years beginning the January 1
after their appointment. Members of the board of canvassers shall
be notified of their appointment within 5 days after appointment by
their city or township clerk.
(2) The city council of a city or the township board of a
township having more than 5 precincts may contract with the board
of commissioners of the county in which all or the greater portion
of the city's or township's population resides to provide that the
board of county canvassers of that county shall perform all the
functions of the board of city or township canvassers. Financial
arrangements of a contract with the county board of commissioners
may provide that the city or township shall bear all or part of the
cost of the work of the board of county canvassers.
Sec. 30b. (1) Members of the board of canvassers shall be
qualified and registered electors of the city or township in which
they serve. A person shall not be appointed to a board of
canvassers unless the person has filed with the city or township
clerk an affidavit on a form approved by the state bureau of
elections containing at a minimum all of the following information:
(a) Name.
(b) Home address.
(c) Political party affiliation.
(d) Date of birth.
(e) Employment.
(f) Statement of physical disability, if any.
(2) The city or township clerk shall notify the county clerk
of the name, address, and political affiliation of board members,
and the county clerk shall maintain the record for public
inspection. A member of the board of canvassers vacates his or her
office if at any time during his or her term of office he or she or
any member of his or her immediate family serves as an election
inspector or becomes a candidate for any elective public office at
an election to be canvassed by his or her board of canvassers or
serves as a member of the governing body of the unit for which his
or her board of canvassers is established.
Sec. 30c. Selection of the members of the board of canvassers
shall be made from each of the 2 political parties casting the
greatest number of votes for secretary of state at the preceding
November election in the county or counties in which the city or
township is located. A political party shall not be represented by
more than 2 members on the board at any 1 time. A person possessing
the qualifications for membership on the board may submit an
application for the position on a form approved by the state bureau
of elections. The governing body of the city or township shall
appoint from the applications on file the members of the board of
canvassers by December 1 of each odd-numbered year. If a vacancy
occurs, the governing body shall make the appointment to fill the
vacancy. Any person appointed to fill the vacancy shall serve for
the balance of the unexpired term. Notwithstanding section 30b, if
an insufficient number of applications to fill the positions have
been submitted, the governing body shall make the appointments in
any manner it deems advisable.
Sec. 30d. The board of canvassers shall meet as necessary to
transact its business and shall elect 1 of its members chairperson
and 1 of its members vice-chairperson. Any 3 members of the board
of canvassers shall constitute a quorum, but no action is effective
unless 1 member from each political party represented concurs in
the action. The city or township clerk shall be the clerk of the
board of city or township canvassers.
Sec. 30e. The members of the board of city or township
canvassers shall receive actual and necessary expenses incurred in
the performance of their official duties and in addition may be
paid a daily rate if ordered by the governing body of the city or
township. If the board of city or township canvassers fails to
certify the results of any election for any office or proposition
within the 14 days immediately following the election at which the
office or proposition was voted on, the city or township clerk
shall immediately deliver to the secretary of the board of county
canvassers of that county all records and other information
pertaining thereto. The board of county canvassers shall meet
forthwith, make the necessary determinations, and certify the
results of that election within the 7 days immediately following
receipt of the records. The cost of the canvass shall be borne by
the city or township involved.
Sec.
30g. If a board of county canvassers created under this
act is required to perform its statutory duties and because of
illness
or absence of members of the board of county canvassers a
quorum
is not present, the clerk of the county political
subdivision may appoint a sufficient number of temporary members to
constitute
a quorum. The If the
vacancy is on the board of county
canvassers, the appointment shall be made by the county clerk from
party recommendations on file, if available. If the vacancy is on
the board of city or township canvassers, the appointment shall be
made from applications on file, if available. The appointments
shall be of the same political party as the ill or absent members
of
the board of county canvassers. A temporary appointee to the
board
of county canvassers must possess all of the qualifications
required
for regular membership on that board of county canvassers.
Temporary appointees shall serve only until the business on hand
has been transacted.
Sec.
307. (1) The appropriate board of county canvassers as
prescribed in section 24a or 30a shall canvass the votes for
candidates for school board member and votes for and against a
ballot question at a regular or special election in each school
district. That number of candidates equal to the number of
individuals to be elected who receive the greatest number of votes
cast at the election, as set forth in the report of the board of
county
canvassers canvassing the votes,
based upon the returns from
the
election precincts or as determined by the board of county
canvassers as a result of a recount, are elected to the office of
school board member. Except as otherwise provided in section
24a(4),
upon completion of the canvass, the board of county
canvassers shall make a statement of returns and certify the
election of school board members to the secretary of the school
board, the county clerk, and, if other than the county clerk, the
school district election coordinator.
(2) The votes cast for a candidate for school board member or
on a ballot question submitted to the electors at a school election
are subject to recount as provided in chapter XXXIII. An individual
elected to the office of school board member is subject to recall
as provided in chapter XXXVI and in section 8 of article II of the
state constitution of 1963.
Sec. 308. A local official who receives the certification of
the
board of county canvassers under section 307 shall preserve and
file in his or her office the certified statement of returns and
certification
of the board of county canvassers of the result of
the election. The county, city, or township clerk who is the
secretary
to the board of county canvassers canvassing the school
board election shall immediately execute and provide to the
individuals declared elected to the office of school board member a
certificate of election.
Sec. 323. It is the duty of the board of city election
commissioners to prepare the primary ballots to be used by the
electors.
The returns shall be canvassed by the board of county
city canvassers and the results certified to the board of city
election commissioners, who shall prepare and furnish ballots for
the ensuing election. The printing and distribution of ballots,
equipment, and supplies, the conduct of the primary and election,
the canvass and certification of the returns, and all other
particulars shall be in accordance, as nearly as may be, with the
provisions of this act governing general primaries and elections.
Sec. 347. Except as otherwise provided in this act, the laws
governing nominating petitions, the conduct of general primary
elections, the furnishing of ballots, and the depositing, counting,
and canvassing of ballots shall, as near as may be, apply to
primaries held under the provisions of this chapter. Recounts shall
be
conducted by the board of county township canvassers. All
duties
that, under the parts of this act relating to general elections or
primary elections, fall upon the county clerk shall be performed in
the same manner by the township clerk.
Sec. 355. (1) The candidate or candidates of each political
party to a township office receiving the greatest number of votes
cast for candidates of that office, as set forth in the report of
the
board of county township canvassers, based on the returns from
the various election precincts, or as determined by the board of
county canvassers as the result of a recount, shall be declared the
nominee or nominees of that political party for that office at the
next
ensuing November election. The board of county township
canvassers shall certify the nomination or nominations to the
township clerk within 48 hours after the polls close.
(2) Within 4 days following the primary, the township clerk
shall deliver to the county clerk a list setting forth the names,
addresses, political affiliation, and office sought of all
candidates nominated at the primary.
Sec. 360. The township clerk shall file in his or her office
and preserve the original statement and determination of the board
of township canvassers of the results of the election and shall
forthwith execute and cause to be delivered to the persons declared
to be elected to township offices a certificate of election
certified by the township clerk.
Sec. 426c. (1) A general nonpartisan primary election shall be
held in every municipality described in section 426a on the Tuesday
after the first Monday in August before a general November
election.
(2) At the general nonpartisan primary election, judges of the
municipal courts of record are to be elected and the qualified and
registered voters may vote for nonpartisan candidates for the
office of judge of the municipal court of record.
(3) If upon the expiration of the time for filing petitions
for the primary election of the municipal judge or judges in any
municipality there are not to exceed twice the number of candidates
than persons to be elected, then the city clerk shall certify
through
the board of county city canvassers the names of the
candidates for judge of the municipal court of record whose
petitions have been properly filed. These candidates shall be the
certified nominees for judges of the municipal court of record. In
addition, there shall not be a primary election for this office,
and it shall be omitted from the official primary ballot.
Sec. 426f. (1) The candidates for the office of judge of the
municipal court of record receiving the largest number of votes at
any primary election, to a number equal to twice the number of
persons to be elected, as set forth in the report of the board of
county
city canvassers, based on returns from the various
election
precincts, shall be declared the nominees for the office of judge
of the municipal court of record at the next general election.
(2) If, after the deadline for filing nominating petitions
under section 426d, there are fewer candidates for nomination or
nominees for the office of judge of a municipal court of record
than there are persons to be elected at the general November
election because of the death or disqualification of a candidate
more than 65 days before the general November election, then a
person, whether or not an incumbent, may qualify as a nominee for
that office at the general November election by filing nominating
petitions as required by section 426d. However, the filing shall be
made before 4 p.m. on the twenty-first day following the death or
disqualification of the candidate or 4 p.m. on the sixtieth day
before the general November election, whichever is earlier, and the
minimum number of signatures required is 1,000 or 1/2 the minimum
number required under section 426d, whichever is less.
(3) The city clerk shall certify the nomination of each person
who qualifies as a nominee under subsection (2) to the board of
election commissioners of the city for the general November
election.
Sec.
426l. The board of county city canvassers
shall determine
which candidates for judge of the municipal court of record
received the highest number of votes and on that basis shall
declare the candidates duly elected, specifying the terms to which
each
was elected. The board of county city canvassers shall
immediately make and subscribe on its statement of returns a
certificate of the determination and deliver it to the city clerk.
Sec. 792. (1) If it appears that there is a discrepancy in the
returns of any election district, the board of county canvassers,
if it be a general election at which county or state officers are
elected, or the board of canvassers of the city, village, or
township, if it be a city, village, or township election at which
city, village, or township officers only are elected, or the
authorized
representatives of the board of county canvassers, shall
make a record of the number of the seal, if any, the number on the
protective counter, if one is provided, and shall open the counter
compartment of the machine, and without unlocking the machine
against voting, shall re-canvass the vote cast on the machine.
Before
making the re-canvass, the board of county canvassers shall
give sufficient notice in writing to the clerk of the time and
place where the re-canvass is to be made.
(2) If upon re-canvass it is found that the original canvass
of the returns has been correctly made from the machine, and that
the discrepancy still remains unaccounted for, the clerk or
authorized assistant of the clerk, in the presence of the election
inspectors
and the board of county canvassers, shall unlock the
voting and counting mechanism of the machine and shall proceed to
thoroughly examine and test the machine to determine and reveal the
true cause or causes, if any, of the discrepancy in the return from
the machine.
(3) Before testing the machine, the counters in the party row
or column in which the discrepancy is alleged to have occurred
shall be set at zero after which each of the counters shall be
operated at least 100 times.
(4) After the completion of the examination, the clerk or
authorized assistant of the clerk shall then and there prepare a
statement in writing giving the result of the test, and the
statement shall be witnessed by the persons present and shall be
filed
with the board of county canvassers.
(5) A candidate voted for at any election who conceives
himself or herself aggrieved on account of any fraud, error, or
mistake in the canvass of the vote by the election inspectors or in
the returns made by the election inspectors may file a written
petition
for a recount with the board of county canvassers.
Sec. 806. (1) The election inspectors shall then prepare
duplicate statements of the returns showing the whole number of
votes cast for all offices voted that are to be canvassed by the
board of county canvassers, the names of the persons for whom the
votes were given, and the number each person received. The election
inspectors shall also prepare duplicate statements of the results
on any proposed constitutional amendment or other propositions
submitted to the voters at the election that are to be canvassed by
the board of county canvassers, showing the whole number of votes
cast, the number of votes cast for, and the number of votes cast
against the proposed constitutional amendment or other proposition.
(2) Each member of the board of election inspectors shall sign
the certificate on the statement of returns as to the correctness
of the returns and that the ballots have been packaged, sealed, and
indorsed in the manner specified. Separate duplicate returns shall
be completed for all offices, propositions, or questions that are
to be canvassed by a board of city or township canvassers.
Sec. 809. (1) The board of election inspectors shall seal 1 of
the statement of returns and 1 of the tally sheets or the combined
tally return sheet with a red state election seal in an envelope
and shall address the envelope to the board of county canvassers,
in care of the judge of probate. The board of election inspectors
shall deliver the sealed envelope to the clerk of the township or
city. Upon receipt of the sealed envelope, the township or city
clerk shall immediately deliver the envelope to the person to whom
addressed. The judge of probate shall deliver the sealed envelope
received by him or her to the board of county canvassers when it
meets to canvass the returns.
(2) The board of election inspectors shall seal the other
statement of returns or combined tally and statement, together with
the poll list, in an envelope addressed to the county clerk. The
board of election inspectors shall deliver the sealed envelope to
the clerk immediately upon completion of the count. The county
clerk shall open the envelope at that time, compile unofficial
returns, and make the returns in the envelope available to the
public. The office of the county clerk shall be open on election
day for election purposes and shall remain open until the last
returns have been received and the clerk completes an unofficial
tabulation.
(3) If a city or township election to be canvassed by a board
of city or township canvassers is held at a time at which no
election returns must be forwarded to the board of county
canvassers, the board of election inspectors shall return all poll
books, tally sheets, and returns to the city or township clerk. The
city or township clerk shall perform the duties required in this
section of the county clerks. If a local election to be canvassed
by the board of county canvassers is not held in conjunction with a
county or state election, the board of election inspectors shall
deliver both sealed envelopes to the local clerk. The local clerk
shall deliver both sealed envelopes to the county clerk before 11
a.m. on the day following the election. In a city or township
election, in which the city or township consists of more than 5
precincts, held in conjunction with an election to be canvassed by
the board of county canvassers, the board of election inspectors
shall deliver the duplicate returns required by section 806 to the
city or township clerk.
Sec.
822. (1) The board of county canvassers shall then
proceed without delay to canvass the returns of votes cast for all
candidates for offices voted for and all questions voted on at the
election, according to the precinct returns filed with the probate
judge or presiding probate judge by the several city and township
clerks, or in case of local elections according to the precinct
returns filed with the county clerk, and shall conclude the canvass
at the earliest possible time and in every case within 14 days.
(2)
If the board of county canvassers fails to certify the
results of any election for any officer or proposition within the
14 days as provided, or fails to certify results forwarded to it
from any city or township election, as provided in section 30e,
within
7 days of the receipt of that record, the
board of county
canvassers shall immediately deliver to the secretary of the board
of state canvassers all records and other information pertaining to
the election. The board of state canvassers shall meet immediately
and make the necessary determinations and certify the results
within the 10 days immediately following the receipt of the records
from the board of county canvassers. The cost of the canvass shall
be borne by the county involved.
Sec. 823. (1) If it is found, upon the convening of the board
of
county canvassers, that the returns from any of the boards of
election inspectors of the several election precincts are missing,
incomplete, or incorrect, or for any other reason it is found
necessary, then the board of county canvassers shall have power to
adjourn from day to day until the returns shall have been procured
or corrected.
(2)
The board of county canvassers is empowered to summon the
persons having the boxes containing the ballots cast at the
election and the keys and seals of the boxes, or having the returns
or the poll lists or tally sheets used and made at the elections,
to bring the boxes, keys, seals, returns, poll lists, and tally
sheets
before the board of county canvassers, and the board of
county
canvassers is authorized to open
the boxes and take any
books or papers bearing upon the count and return of the election
inspectors
of the election precincts, but the board of county
canvassers shall not remove or mark the ballots.
(3)
The board of county canvassers shall correct obvious
mathematical
errors in the tallies and returns. The board of county
canvassers may, if necessary for a proper determination, summon the
election inspectors before them, and require them to count any
ballots that the election inspectors failed to count, to make
correct
returns in case, in the judgment of the board of county
canvassers after examining the returns, poll lists, or tally
sheets, the returns already made are incorrect or incomplete, and
the
board of county canvassers shall canvass the votes from the
corrected returns. In the alternative to summoning the election
inspectors
before them, the board of county canvassers may
designate
staff members from the county clerk's office to count any
ballots that the election inspectors failed to count, to make
correct
returns in case, in the judgment of the board of county
canvassers after examining the returns, poll lists, or tally
sheets, the returns already made are incorrect or incomplete, and
the
board of county canvassers shall canvass the votes from the
corrected returns. When the examination of the papers is completed,
or the ballots have been counted, they shall be returned to the
ballot boxes or delivered to the persons entitled by law to their
custody, and the boxes shall be locked and sealed and delivered to
the legal custodians.
Sec.
826. (1) The Except as
otherwise provided in this
subsection, the board of county canvassers shall determine and
declare the result of the election for county and local officers,
and for all county and local ballot questions. If a city or
township has more than 5 precincts, the board of city or township
canvassers shall canvass votes for city or township officers and
ballot questions. If a state senatorial or representative district
is located solely within 1 county, the board of county canvassers
shall determine and declare the result of the election for that
office. Upon making the determination under this subsection, the
board of county canvassers shall prepare a certificate of
determination and deliver the properly certified certificate of
determination to the county clerk. If the determination relates to
a state senatorial or representative district located solely within
1 county, the board of county canvassers shall also deliver the
properly certified certificate of determination to the board of
state canvassers.
(2) Upon receipt of a properly certified certificate of
determination from a board of county canvassers under subsection
(1), the county clerk shall file the certificate in his or her
office. The county clerk may have a statement of the total county
or district votes cast for the various candidates and the total
vote cast for and against the various ballot questions at the
election to be published in at least 1 newspaper printed or
circulated in that county. The county clerk shall immediately
execute and deliver to the persons declared elected, a properly
certified certificate of election.
Sec. 866. (1) Except as otherwise provided in subsection (2),
recount petitions, either for an office or proposition, other than
those filed with the secretary of state, shall be filed with the
clerk
of the board of county canvassers that originally conducted
the canvass.
(2) For a school district election, recount petitions, either
for an office or proposition, shall be filed with the clerk of the
board
of county canvassers that certified the result of the school
district election.
(3) Recount petitions shall be filed within 6 days after the
original canvass has been completed by the county, city, township,
village,
or district board of county canvassers.
A copy of the
recount petition shall also be filed with the secretary of state
within 2 days after the time the original recount petition is filed
with the board of county canvassers as provided in this section. If
the office or proposition in question is a city, ward, township,
village, or district office or proposition, a copy of the recount
petition shall not be filed with the secretary of state, but a copy
shall be transmitted within 24 hours to the clerk of the board of
county canvassers by the appropriate local clerk if the recount fee
has been paid.
Sec. 867. (1) A candidate or elector filing a recount petition
pursuant to section 862 or 863 shall file the recount petition with
the
clerk of the appropriate board of county canvassers. At the
time of filing the recount petition, the petitioner shall deposit
with the clerk the sum of $10.00 for each precinct referred to in
his or her recount petition.
(2) If, by reason of the recount, the petitioner establishes
sufficient fraud or mistake as set forth in his or her recount
petition to change the result of the election and receives a
certificate of election or establishes sufficient fraud or mistake
to change the result upon an amendment or proposition, the votes
for and against which were recounted, the clerk of the board of
county
canvassers shall refund the money
deposited to the
petitioner.
(3) If the petitioner does not establish a fraud or mistake as
set forth in his or her recount petition, the sum deposited shall
be paid by the clerk of the board of county, city, township, or
village canvassers to the treasurer of the county, city, township,
or village.
Sec. 868. (1) If a candidate has filed a recount petition and
made the deposit under sections 862 and 867, the clerk of the board
of
county canvassers shall give notice of the recount petition to
the opposing candidates described in this subsection within 24
hours after filing of the recount petition by delivering to each
candidate a copy of the recount petition, or, if the candidate
cannot be found, by leaving a copy at the candidate's last known
place of residence with a member of the candidate's immediate
family of suitable age. If a member of the candidate's family
cannot
be found, the clerk of the board of county canvassers may
give notice by posting the recount petition in a conspicuous place
at the candidate's last known place of residence. The clerk of the
board
of county canvassers is not required to give notice to
candidates other than the 2 candidates who, according to the return
of
the board of county canvassers, received the lowest number of
votes among those candidates who were nominated or elected, and the
2
candidates who, according to the return of the board of county
canvassers, received the highest number of votes among those
candidates who were not nominated or elected.
(2) A candidate may file a counter petition in the same manner
as the original petition under section 866 within 48 hours after
the
original recount petition was filed with the board of county
canvassers. At the time of filing the counter petition, the counter
petitioner shall deposit the sum of money as required in section
867
for the original petitioner. The clerk of the board of county
canvassers shall refund to the counter petitioner the money
deposited by the counter petitioner if the original petitioner does
not
establish fraud or receive a certificate of election. The
Except as otherwise provided in this subsection, the counter
petitioner shall file a copy of the counter petition with the
secretary of state within 4 days after the time the original
petition
is filed with the appropriate board of county canvassers
as provided in this section. If the office or ballot question in
question is a city, township, ward, village, or district office or
ballot question, the counter petitioner is not required to file a
copy of the counter petition with the secretary of state.
(3) On or before 4 p.m. of the seventh day after a recount
petition has been filed under section 866, an opposing candidate
may file objections to the recount petition with the appropriate
board
of county canvassers. The opposing candidate shall set forth
his or her objections to the recount petition in writing. Upon
receipt
of an objection under this subsection, the board of county
canvassers shall notify the petitioner and the objecting candidate
of
the date of the hearing of the board of county canvassers to
consider
the objections. The board of county canvassers shall allow
the recount petitioner and the objecting candidate to present oral
or written, or both, arguments on the objections raised to the
recount petition at the hearing. Not later than 5 business days
following
the hearing, the board of county canvassers shall rule on
the
objections raised to the recount petition. The board of county
canvassers shall not begin a recount unless 2 or more business days
have
elapsed since the board of county canvassers ruled on the
objections under this subsection, if applicable.
(4) If the time designated for filing a recount petition under
this section falls on a Saturday, Sunday, or legal holiday, the
recount petition may be filed on the next succeeding business day.
Failure
of the clerk of the board of county canvassers or the
secretary of state to give notice to the opposing candidate as
required in this section shall not affect the results of the
recount.