GRAND RAPIDS, Mich. (WOOD) — News 8 has learned from a constitutional law expert said it’s “entirely likely” Michigan will have a presidential recount because candidates don’t have to provide evidence of fraud or error to be granted one.
Constitutional law professor with Western Michigan University Cooley Law School, Gen. Michael McDaniel, noted that while fraud requires specific intent, error is easier to come by.
McDaniel explained, “A mistake is an error. It’s negligence. You know, it’s, we forgot something, and when you consider all of the mail-in and early votes, and you consider the fact that we have a number of new voters in Michigan … it’s entirely possible that someone omitted the security envelope or forgot to sign it. You check to make sure the signatures match, and that’s an art people might not be well trained on. There’s a lot of reasons why you can find a mistake."
Even though recounts don’t often change the outcome of an election, McDaniel said Michigan law makes it relatively easy to obtain one.
A Michigan law allows an “aggrieved candidate who sought the office involved” must submit a written notarized statement to the Secretary of State “alleging that they possess a good-faith belief that they would have had a reasonable chance of winning the election” if error or fraud had not occurred.
In requesting the recount, the candidate must specify the precincts in which they want a recount.
State officials said a petition to request a recount must be submitted within 48 hours of the Board of State Canvassers’ certification of the election.