Compiled Laws, Chapter 168. Michigan Election Law § 168.871

Sec. 871. (1) Subject to subsection (6), the board of canvassers conducting a recount shall recount all ballots of a precinct if both of the following occur:

(2) If a board of canvassers conducting a recount under this chapter determines that the ballots of a precinct are not eligible for recount under subsection (1)(a) or (b), the board of canvassers conducting that recount may still conduct the recount if a satisfactory explanation in a sworn affidavit, in a form as prescribed by the secretary of state, is provided by an election inspector, a clerk, or a member of the clerk's staff to the board of canvassers. An explanation must not be accepted by a board of canvassers as satisfactory unless the explanation documents that the security of the ballots is otherwise preserved. The secretary of state shall prepare and issue instructions for a board of canvassers to follow when determining if an explanation in a sworn affidavit is satisfactory under this subsection.

(3) If a board of canvassers conducting a recount determines that the ballots of a precinct are not eligible for recount, the original return of the votes for that precinct must be taken as correct.

(4) A board of canvassers may conduct a recount by the following means:

(5) If a board of canvassers intends to conduct a recount on an electronic voting system, the board of canvassers must first test the software application by use of a test deck to determine if the program accurately counts the votes for the office or ballot question subject to the recount. If the test fails to show that the software application accurately counts the votes for the office or ballot question subject to the recount, the board of canvassers must use another means prescribed in subsection (4) to conduct the recount.

(6) The only documents that a board of canvassers may use to determine whether a precinct may be recounted are the poll book, the poll lists, the statement of results, the ballot container certificate, the total ballots counted by a tabulator, the county canvass notations on the number of ballots and electors in the poll book, affidavits, and tabulator tapes.