Statement on Delta County, MI Canvassers Failing to Certify Election

After reporting that canvassers failed to certify election results in Delta County’s commissioner recall election, Informing Democracy Election Law Counsel Sonia Weil shared this statement:

“The canvass and certification process in Michigan is explicitly ministerial. That means that the Board of Canvassers members are tasked with reviewing and aggregating totals from the statement of returns—they are not and should not be empowered to substitute their own judgment for the will of the voters. 

“This kind of arbitrary refusal to carry out their duty—to review and certify the election results—is an unnecessary delay that only serves to undermine voter confidence. Michigan’s elections have many protections to ensure the integrity of the system, including avenues to bring up any legitimate concerns about election results. This is not one of them. ”

Additional Background: 

Michigan law is explicit. According to statute, it is the “ministerial, clerical, and nondiscretionary duty” of each Board of County Canvassers to certify election results based on statements of returns alone. Mich. Comp. Laws Serv. § 168.822(3). Boards of County Canvassers have no canvass or certification-related duties or powers beyond those explicitly assigned by law and “do not have a general mandate to examine every aspect of the election process.” County Canvassers Manual at 18. Their powers exclude the power to investigate reports of election-related issues, alleged fraud, malfeasance, or complaints about the administration of the election.. Indeed, the Michigan Supreme Court has confirmed this interpretation of the statute.

Michigan law is similarly explicit about the nature of the Board of State Canvassers’ duties. The statute states that it is the “ministerial, clerical and nondiscretionary duty” of the Board of State Canvassers to certify election results based on the statement of voters provided by the counties. Mich. Comp. Laws Serv. § 168.842(4). In addition, there are built-in processes in state law to ensure canvassing and certification are completed. If a Board of County Canvassers fails in its duties to canvass by the prescribed deadlines, the Board of State Canvassers steps into the role and becomes responsible for completing the county canvass. The county bears the cost accrued by the Board of State Canvassers during this process. In addition, if the Secretary of State does not receive certified copies of statements of votes from a county by the prescribed deadline, the Secretary of State must contact the county and request the returns immediately. 

Sources: Mich. Comp. Laws Serv. §§ 168.822(3), 168.842(4); 168.843; Taxpayers for Mich. Constitutional Gov’t v Michigan, 508 Mich. 48, 82 (2021); County Canvassers Manual.