Legislative Analysis
Phone: (517) 373-8080
MODIFY ELECTION CERTIFICATION PROCESS
http://www.house.mi.gov/hfa
Senate Bill 529 as enrolled Analysis available at
Sponsor: Sen. Jeremy Moss http://www.legislature.mi.gov
House Committee: Elections
Senate Committee: Elections and Ethics
Complete to 11-30-23
(Enacted as Public Act 269 of 2023)
SUMMARY:
Senate Bill 529 would amend the Michigan Election Law to align several of the act’s provisions
with the federal Electoral Count Reform and Presidential Transition Improvement Act of 2022.
Among other things, the federal law clarified the process for certifying each state’s slate of
presidential electors and required a certificate of ascertainment of the electors to be issued by
each state’s executive at least six days before the Electoral College meets (see Background,
below). Senate Bill 529 would amend the state’s election law to reflect these changes and to
make other modifications to the responsibilities of the governor, Board of State Canvassers
(BSC), and boards of county canvassers during the canvass and certification process.
Certificate of ascertainment
The Michigan Election Law currently requires the governor to certify the names and addresses
of Michigan’s Electoral College electors to the United States Secretary of State as soon as is
practicable once the BSC has made its official determination of the results of a presidential
election. The governor must also transmit three copies of the certification to each elector.
Instead, Senate Bill 529 would specify that the governor must issue a certificate of
ascertainment of appointment of electors (“certificate”) and immediately transmit it to the
Archivist of the United States by the most expeditious method available. The certificate would
have to be issued after the BSC has finished its determination and at least six days before the
electors convene (as described below). It would have to include the names of the appointed
electors and the votes cast for each presidential and vice-presidential candidate, bear the state
seal, and contain at least one security feature chosen by the governor to verify its authenticity. 1
The governor would have to transmit six duplicates of the certificate to each appointed elector
on or before the date that the electors convene.
Recount petitions
If a candidate for office files a recount petition with the Bureau of Elections, the SOS must
notify each opposing candidate of the petition within 48 hours. Opposing candidates can
currently file objections to the petition with the BSC until 4 p.m. on the seventh day after the
petition has been filed, and the BSC must then hold a hearing on the objections. The BSC must
make a determination within five business days of the hearing and cannot begin a recount, if
applicable, until two business days have passed since the determination. Under the bill, an
opposing candidate would have 48 hours to file objections to a recount petition, and the BSC
1
Secure components of any security feature would be confidential and not subject to disclosure under the Freedom of
Information Act (FOIA).
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 would have to rule on the objections within four calendar days of the 48-hour deadline.
Additionally, the two-day delay to begin a recount would no longer apply.
Candidates also currently have until 4 p.m. on the seventh day after a recount petition has been
filed to file a counter petition, which Senate Bill 529 would decrease to 48 hours after the
petition has been filed.
Recounts
Senate Bill 529 would provide that the governor has the responsibility and authority to issue a
certificate of ascertainment of electors regardless of whether a recount petition has been filed
or whether a recount is pending. However, if a statewide recount is required, 2 the governor
could not issue the certificate until the recount is certified. If a recount is certified before 3:00
p.m. on the sixth day before the electors convene, the certificate would have to reflect the
results of the recount. If the recount is not certified by that time, the governor would have to
issue a certificate that reflects the original certification of the results.
If a recount that alters the winner of the presidential election is completed by 11:59 p.m. on the
second day before the date that the electors convene, the affected presidential or vice-
presidential candidate could have the certification reviewed by the state supreme court or could
seek other judicial relief, such as an order directing the governor to issue a superseding
certificate that reflects the updated and certified results of the election. Such an action would
have to be filed within 24 hours after the recount is certified, and the plaintiff would have to
request an expedited hearing and for an order granting relief to be issued by 4:00 p.m. on the
day before the electors convene.
If the supreme court issues an order by this deadline that requires the governor to issue a
superseding certificate, the governor would have to do so before the date that the electors
convene. If the court does not issue an order by 4:00 pm on the day before the date that the
electors convene, the governor would be required to issue a superseding certificate based on
the BSC’s certified recount results by 11:59 p.m. on the day before the date that the electors
convene.
A superseding certificate of ascertainment issued by the governor after a recount would replace
any prior certificate and would have to be transmitted consistent with the requirements
described above. Superseding certificates would be conclusive with respect to the
determination of Michigan’s appointed slate of electors for president and vice president.
Meeting of presidential electors
Senate Bill 529 would require the state’s appointed presidential electors to convene in the
Senate chamber at 2:00 p.m. on the first Tuesday after the second Wednesday in December to
perform their duties. (The Michigan Election Law currently requires the electors to meet on
the first Monday after the second Wednesday in December.)
Board of State Canvassers duties and authority
Currently under the Michigan Election Law, the BSC must meet at the Michigan Secretary of
State (SOS) office on or before the twentieth day after an election to canvass the returns of the
2
A statewide recount is required when a primary or general election is determined by a vote differential of 2,000 or
less.
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 election, and the SOS is responsible for determining the day of the meeting and notifying the
BSC members. The board can adjourn when necessary, such as to await the receipt or
correction of returns, but is required to complete the canvass and announce the results by the
fortieth day after the election.
Under Senate Bill 529, the BSC would have to meet as soon as practicable after receiving
returns from the county canvass boards and would have to announce its determination by the
twentieth day after an election. The board would no longer be required to meet at the SOS
office, and the secretary of the BSC would be responsible for calling the meeting and notifying
other board members. (The secretary of the BSC, rather than the SOS, would also be
responsible for calling a BSC meeting within 20 days of a primary election to certify the
results.) The bill would also remove provisions allowing the BSC to adjourn its meeting before
completing its canvass.
If an expedited canvass is necessary to determine the results of a presidential election, 3 the
BSC would be responsible for completing the canvass and would have to announce its
determination on or before the twentieth day after the election.
If there is a tie between two or more individuals for the winner of any office as canvassed by
the BSC, Senate Bill 529 would require the BSC to determine the winner by lot. (Currently,
the BSC certifies the result of the election for that office to the legislature as a tie, and the
legislature chooses one of the candidates to fill the office. State law also allows the legislature
to decide which person is elected when a determination of the BSC is contested.)
BSC appointment
Individuals are currently appointed to the BSC to serve a four-year term from a list of three
nominees submitted to the governor by the state central committee of each major political
party. Nominations for open seats must be made by January 10 in each odd-numbered year,
and the governor must appoint one individual from each party by the following January 20. If
a vacancy occurs before a term expires, the appropriate political party must submit another list
of three individuals, and the governor must appoint one within ten days of the vacancy. If the
state committee fails to nominate those individuals, the governor must appoint an individual
who was formerly elected as a state officer of the appropriate party and is currently affiliated
with that party. 4
Senate Bill 529 would retain these provisions but would additionally allow the Senate majority
leader, the Senate minority leader, the speaker of the House, and the House minority leader to
each nominate one individual for each position on the BSC that their respective political party
is entitled to. These individuals would also each nominate an individual within ten days of a
vacancy. Effectively, each political party would nominate five individuals—three from the
state party and two from the legislature.
3
The Michigan Election Law requires an expedited canvass when the unofficial returns of a presidential election show
a vote differential between the top two candidates of less than 25,000.
4
If this person declines to serve on the BSC, the governor must appoint another nominee from the party list or appoint
another individual that meets these criteria.
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 Additional provisions
Currently under the Michigan Election Law, if a county canvass board does not certify the
results of an election within 14 days, the BSC must meet immediately to determine the outcome
of the election and is required to certify the results within ten days of receiving records from
the county board. Under Senate Bill 529, the BSC would instead be required to certify the
results on or before the twentieth day after the election. The county canvassers and all other
county staff necessary to complete the canvass would have to be present at all times while the
BSC makes its determination.
A ballot cast by an eligible elector could not be rejected or otherwise not counted in a canvass,
recount, or court order altering the certification of a canvass board on the grounds that an
election official did not comply with a directive set forth under the Michigan Election Law
unless the ballot is otherwise ineligible to be counted.
The bill would provide that it is the ministerial, clerical, and nondiscretionary duty of a board
of county canvassers and of each member of that board to certify election results based solely
on statements of returns from that county’s precincts, early voting sites, and absent voter
counting boards and on any corrected returns. The bill also would provide that it is the
ministerial, clerical, and nondiscretionary duty of the BSC and each member of the BSC to
certify election results based solely on the certified statements of votes from counties. 5
Finally, for partisan elections, ballots would have to include an option for straight-ticket voting.
MCL168.46 et seq.
BACKGROUND:
The federal Electoral Count Reform and Presidential Transition Improvement Act of 2022
requires the executive of each state (generally speaking, each governor) to issue a certificate
of ascertainment of the state’s appointed slate of presidential electors. Certificates must be
issued at least six days before the electors meet, and each certificate must list the names of the
appointed electors and the certified number of votes cast for each slate, bear the state seal, and
contain at least one security feature to verify its authenticity. Governors must then immediately
transmit their certificate to the Archivist of the United States and must provide six copies of
the certificate to each of their state’s Electoral College electors on or before the first Tuesday
after the second Wednesday in December, which is the day the electors are required to meet.
The law contains additional provisions relating to the authority and responsibilities of
Congress, the Vice President, and federal courts during the presidential election certification
process.
BRIEF DISCUSSION:
According to committee testimony, the aftermath of the 2020 election revealed areas in which
state law could be strengthened to ensure that the winner of the presidential election in
Michigan receives the state’s Electoral College votes and that only one slate of electors is
5
Proposal 2 of 2022 amended the state constitution to provide that it is the duty of a board of canvassers and its
members to certify election results based solely on the certified statements of votes.
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 submitted. The Electoral Count Reform and Presidential Transition Improvement Act provided
some federal reforms, but state-level legislation is necessary to bring Michigan into compliance
with that law and to further clarify the presidential election certification process. Senate Bill
529 would address these needs by specifying that the governor is responsible for certifying the
state’s presidential electors through a certificate of ascertainment and by providing a clear
process for issuing the certificate, even if a recount is taking place.
FISCAL IMPACT:
The bill could result in marginal costs to the Department of State’s Bureau of Elections and to
county clerk offices. There could be additional compensation costs if the Board of State
Canvassers is required to hold an additional meeting they would not have otherwise scheduled.
Board of State Canvassers members are entitled to compensation for expenses incurred in the
performance of their duties, such as travel expenses, and $75 for each day’s attendance at a
meeting. Any potential costs would be supported by existing appropriations to the Bureau of
Elections.
County clerks could incur marginal costs related to compensating county staff for their time
being present at all times during the completion of a canvass by the Board of State Canvassers.
The bill may increase costs to the governor by an indeterminate amount related to the
administrative responsibilities for the new certificate of ascertainment of appointment of
electors. Any increase in costs to the Office of the Governor is not expected to be significant
and would be supported by existing appropriations.
Legislative Analyst: Holly Kuhn
Fiscal Analysts: Michael Cnossen
Viola Bay Wild
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
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Statutes affected:
Substitute (S-1): 168.22
Substitute (S-2): 168.22
Substitute (H-1): 168.22
Substitute (H-2): 168.22
Senate Introduced Bill: 168.22
As Passed by the Senate: 168.22
As Passed by the House: 168.22
Senate Concurred Bill: 168.22
Public Act: 168.22
Senate Enrolled Bill: 168.22