Michigan Governor Gretchen Whitmer recently signed a bill, SB 603, aimed at updating the laws governing vote recounts in the state, but claims circulating on social media suggest that the new law will prohibit recounts based on allegations of election fraud. This assertion has been deemed false by two state senators involved in the bill’s formulation. The legislation actually allows candidates to request recounts if they hold a “good-faith belief” that a vote counting error has occurred, which would have potentially changed the election outcome. This means that the number of votes requested for a recount must exceed the margin by which the winning candidate prevailed.
The misconception about the bill’s intent has gained traction on social media, with some users interpreting it as a means for Democrats to obstruct investigations into alleged election fraud. Prominent posts falsely suggested that the new law entirely forbids recounts due to fraud allegations. However, both Democratic state Senators Stephanie Chang and Jeremy Moss, who sponsored the bill, have clarified that SB 603 is designed to facilitate legitimate recount requests while also preventing frivolous ones. It establishes clearer guidelines regarding how suspected fraud should be investigated, thus enhancing electoral integrity rather than undermining it.
SB 603 stipulates that candidates must present a belief that any error in the recount process significantly affects their chance of winning. The legislation emphasizes that “error” encompasses fraud, as the terminology was intentionally condensed to make recount eligibility more accessible. Opponents of the bill have voiced criticisms, arguing that removing specific references to fraud could obscure potential discrepancies in the electoral process. Republican state legislators, like Jay DeBoyer and Jaime Greene, have raised concerns that this change might lessen transparency in elections, especially considering previous instances of discrepancies in vote counts.
Moreover, the bill aims to address limitations related to precincts that could not be recounted due to being “out of balance,” a situation where the number of ballots cast does not match the number of voters who signed in. In past recounts, this has led to thousands of votes going uncounted, such as in the tight race for Detroit city clerk in 2017. The legislation is intended to ensure that more ballots are eligible for recounting in the event of close races, including provisions to lower the thresholds for automatic recounts, thus broadening the scope of ballots considered in these assessments.
The new law also clarifies that the task of recounting does not involve investigating fraud. Instead, recounts are strictly an administrative process focused on counting votes. Allegations of fraud must be reported to local prosecutors or the state attorney general, which is in alignment with the guidance from Michigan’s Attorney General Dana Nessel and Secretary of State Jocelyn Benson, reminding canvassing boards of their limited role in the electoral process. Their responsibilities are to certify election results based on returns rather than to conduct investigations into fraud.
Overall, while SB 603 has been met with mixed responses, its implementation reflects a broader effort to bring clarity to Michigan’s electoral processes and bolster confidence in the integrity of elections. The bill will take effect 91 days after the conclusion of the Michigan legislature’s 2024 regular session, currently slated for December. As misinformation continues to circulate regarding its provisions, clarity on the bill’s actual intentions is essential in maintaining public trust in the electoral system.