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SB 943

Elections: audits; audit of certain contests after each primary election and general election; require. Amends secs. 31a & 822 of 1954 PA 116 (MCL 168.31a & 168.822).

2025-2026 Regular Session Introduced by Ed McBroom

Post-election precinct tabulation audits (1% sample) verify machine results with hand tallies and inform certification, not modify final outcomes.

REFERRED TO COMMITTEE ON ELECTIONS AND ETHICS
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Bill Summary · SB 943

Summary of SB 943 (2025-2026) — Elections: audits; audit of certain contests after each primary election and general election

Main purpose and intent

  • To require and structure post-election audits of precinct tabulation in Michigan elections.
  • Establish a formal framework for precinct-level tabulation audits conducted after each election, with results used to inform (but not directly change) certified outcomes.
  • Ensure audits are supervised by the Secretary of State and implemented with trained staff and designees, subject to conflict-of-interest rules.

Key provisions and changes

  • Sec. 31a (Audit authority and procedures)

    • After each election, the Secretary of State “may shall” audit election precincts to ensure compliance with Michigan election law.
    • The Secretary of State will prescribe audit procedures, including review of documents, ballots, and procedures, in line with constitutional requirements.
    • County clerks and the Secretary of State staff conduct audits, and each county clerk (or their designee) must provide audit results to the Secretary of State within 20 days after the audit.
    • The Secretary of State is responsible for training and certifying county clerks and staff to perform tabulation audits of randomly selected precincts.
    • Randomly selected precincts for tabulation audits must total 1% of the county’s registered electors, or at least 3 precincts, whichever is greater. Each selected precinct audit must include a hand tally of at least one race in that precinct; statewide audits must include at least one statewide race or statewide ballot question in each selected precinct. For presidential elections, a hand tally of the presidential contest is required in each selected precinct.
    • An audit under this section is not a recount and does not alter certified results.
    • Results of tabulation audits must be compared to unofficial returns.
    • If discrepancies cannot be resolved, additional precinct tabulations may be required before certification; once audits are complete, the audit results must be used by the Board of County Canvassers in certifying results.
    • The Secretary of State shall supervise performance of audits and audits by county clerks or their designees.

  • Sec. 31a (Conflict of interest / designee rules)

    • County clerks who are officers or members of a political party or precinct delegates must appoint a designee to conduct audits; the designee cannot be an officer or member of a party or a precinct delegate.
    • The clerk cannot direct or supervise audits if they have a partisan role; designees must be independent per rules.

  • Sec. 31a (Timeline)

    • Audit results must be submitted to the Secretary of State within 20 days after the election audit.

  • Sec. 822 (Canvass process and integration with audits)

    • The Board of County Canvassers must canvass votes and results using precinct returns, early voting, and absent voter counting boards, incorporating any corrected returns based on tabulation audits.
    • Canvass should be completed as soon as possible, and no later than the 14th day after the election, but not until the tabulation audit required by Sec. 31a is complete.
    • If the Board fails to certify by day 14, a rapid escalation process engages the Secretary of the State canvass board to certify by day 20, with costs borne by the county.
    • Certification responsibilities are limited to statements of returns from official precincts and corrected returns, and “to certify” means a signed written statement.

Who and what is affected

  • Affected entities:

    • Secretary of State (policy, training, supervision, and data review).
    • County clerks and county clerk staff (conducting audits, performing tabulations, reporting results).
    • County boards of canvassers (incorporating audit results into certification and canvass timeline).
    • Designees appointed by county clerks to conduct audits (due to potential conflicts of interest by clerks who are party officers or precinct delegates).

  • Affected processes:

    • Post-election audit procedures for precinct tabulations.
    • Random selection of precincts for 1% (or at least 3) audit sample per county.
    • Hand tallies in selected precincts for at least one race (and at least one statewide race or question in statewide audits; presidential audits require a hand tally of the presidential contest in each selected precinct).
    • Review and reconciliation of audit results with unofficial returns and certification timelines.

Procedural and timeline considerations

  • Audit scheduling:
    • Audits occur after each election; results due to Secretary of State within 20 days.
    • Canvassers must wait for audit completion before certifying election results.
  • Discrepancy handling:
    • If discrepancies cannot be resolved, additional precincts may be audited, and the canvass certification may be delayed accordingly.
  • Training and supervision:
    • The Secretary of State is tasked with training, certifying, and supervising auditors, ensuring standardized procedures nationwide within Michigan.

Potential impact and considerations

  • Increased auditing and transparency in the election process.
  • Introduction of a standardized, small-sample, hand-tally audit mechanism to verify machine tabulations.
  • Procedural safeguards to prevent conflicts of interest in audits.
  • Possible impact on certification timelines if audits reveal discrepancies requiring additional auditing steps (though the statute aims to complete canvass within existing timelines once audits are complete).

Note: The bill as introduced indicates an emphasis on audit integrity without modifying final certified results from the initial certification; audits are not recounts but can influence confidence and reveal discrepancies that could trigger further auditing before certification.

Compiled from official sources — confirm details with the bill’s official record.

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