ACLU of Michigan v. Froman

In Michigan, both the state constitution and state statute require boards of county canvassers to certify the results of an election within 14 days after the election based solely on the total number of votes reported from each location within their jurisdiction. The law does not allow them to withhold certification.

Kalamazoo Board of County Canvassers member, Robert Froman, reportedly told the Detroit News that he “most definitely” believes the 2020 election was stolen from former President Donald Trump. Asked if he would certify the 2024 election if it unfolded the same way, Mr. Froman allegedly replied, “No. And that’s why I’m there.” Elsewhere in the article, Mr. Froman reportedly said, “I am not going to do anything that’s illegal,” but seemingly without recognition that refusing to certify the election would, in fact, violate the law.

Mr. Froman’s apparent willingness to violate Michigan law is in line with a widely reported anti-democratic trend of election denialism in which local officials in Michigan and throughout the country have threatened to interfere with the election certification process. In 2020 two members of the Wayne County Board of Canvassers initially voted against certifying the results of the election based on false allegations of fraud in Detroit and were personally pressured by President Trump not to sign certification documents. Earlier this year, the Delta County Board of Canvassers initially refused to certify the results of elections for county offices based on unfounded allegations of voter fraud. Similar concerns about potential refusals to certify election results have been reported in swing states such as Nevada, Colorado, Georgia, and Arizona.

On behalf of the ACLU of Michigan, with nearly 1,000 members in Kalamazoo County, and two Kalamazoo County registered voters, the ACLU and ACLU of Michigan brought an action for declaratory judgment, asking the Court to make clear that Mr. Froman is duty bound to certify the election based on the number of votes reported, as required by the Michigan Constitution and state statute.