ACLU Sues Kalamazoo County Election Official to Ensure Election Certification Laws Are Followed

DETROIT – The ACLU of Michigan and the American Civil Liberties Union filed a lawsuit today against a member of the Kalamazoo Board of County Canvassers who, according to statements attributed to him in a recent Detroit News article, indicated his willingness to violate Michigan’s Constitution and election law if he disagrees with the results of the upcoming presidential election.

Robert Froman, one of four members of a county board whose legal duty is to certify election results, reportedly told the newspaper 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.

The Michigan Constitution and a state statute require canvassers to certify election results 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.

But Mr. Froman’s alleged statements are 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.

In Michigan, the failure of a board of county canvassers to certify an election would require the board of state canvassers to take over the county board’s duties. As explained in the ACLU lawsuit, such an event would impose burdensome costs on voters, add to the work that the state board must complete under short and strict deadlines, and promote partisan conspiracy theories that undermine public confidence in American democracy.

Following publication of the Detroit News article on August 5, the ACLU contacted Mr. Froman about the quotes attributed to him. Mr. Froman stated, “I did not make any of the statements you say I did.”

Asked in a letter from the ACLU to correct the record, Mr. Froman refused to contact the paper and request a retraction. He also did not deny that he, in fact, would refuse to certify an election result with which he did not agree, such as the 2020 election. The ACLU communicated Mr. Froman’s denial to the Detroit News, and the paper responded, stating that it stands by its reporting.

This all led to the ACLU filing today’s lawsuit in Kalamazoo County Circuit Court seeking a court order formally declaring that Mr. Froman is legally required to certify the election results. The ACLU’s lawsuit explains that the dispute must be resolved by a court now because of the harm that could occur if Mr. Froman defies his legal duties during the short 14-day window for certification following the November election.

Phil Mayor, senior staff attorney at the ACLU of Michigan, said this about the lawsuit: “For democracy to work election officials at all levels must put adherence to the law above partisanship. The lawsuit filed today seeks to ensure that the people of Kalamazoo County and, indeed, all Michiganders can continue participating in fair elections in which their ballots are accurately counted and the results properly certified. This lawsuit should also send the message to all election officials that the ACLU and other pro-democracy organizations are on guard and ready to act if voters’ right to a free and fair election is flouted by election officials for partisan gain.”

Theresa Lee, senior staff attorney with the ACLU’s Voting Rights Project, said: “We’re bringing this lawsuit because attacks on our democracy cannot stand. It is critical the court make clear that county canvassers have a legal duty to certify the election based on the tabulated votes. That’s how democracy works.”