ACLU Lawsuit Results in Kalamazoo County Election Official Agreeing to Certify November Election Results

DETROIT – The ACLU of Michigan has agreed to dismiss a lawsuit against Kalamazoo County Board of Canvasser Robert Froman after he signed a sworn affidavit stating that he will certify the November presidential election results. The lawsuit, ACLU of Michigan v. Froman, was filed last week following the recent publication of a Detroit News article in which Mr. Froman reportedly indicated that he would refuse to certify the election if it unfolded in the same way as the 2020 election.

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.

Although he told the ACLU that he didn’t make the statements attributed to him in the Detroit News article, Mr. Froman refused to contact the paper and request a retraction. With the paper standing by its story, the ACLU filed suit to ensure election law would be followed.

When filing the lawsuit, the ACLU said that, along with seeking to ensure Mr. Froman lawfully performed his duties, it was sending an important warning to election officials throughout the state that the civil rights group and other pro-democracy organizations will take immediate action if it appears voters’ right will be violated. Mr. Froman’s alleged statements were 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. Concerns about potential refusals to certify election results have also been reported in swing states such as Nevada, Colorado, Georgia, and Arizona.

“This lawsuit, and its swift resolution, should put everyone on notice that pro-democracy groups will remain vigilant and ready to act immediately if officials fail to follow the law,” said Phil Mayor, senior staff attorney at the ACLU of Michigan. “Having faith that elections are fair and the results properly certified is crucial to a well-functioning democracy. The successful conclusion of this lawsuit should bolster confidence that Michigan’s official election results will accurately reflect the will of voters, and that anyone who tries to convert canvassing boards into a platform for partisan gamesmanship will be subject to quick and decisive legal action.”

“The resolution of this suit shows that no one is exempt from the law,” said ACLU Senior Staff Attorney Theresa Lee. “Canvassers should be on notice that it is up to voters to choose their elected officials, and any attempt to subvert our election processes, and functionally our democracy, will be met in court.”

Read Mr. Froman’s affidavit here.

Read the stipulated dismissal order here.

Read the ACLU letter to Mr. Froman here.

Read the ACLU’s lawsuit here.