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After a Republican canvasser in Kalamazoo County signed a sworn affidavit stating that he will certify the November presidential election results, the American Civil Liberties Union of Michigan has dropped its lawsuit against him.
The lawsuit against Robert Froman, a member of the Kalamazoo Board of County Canvassers, was filed last week after he told The Detroit News he “ most definitely” believed the 2020 election was stolen from former President Donald Trump, and when asked if he would certify the 2024 election if it unfolded the same way, Froman replied, “No. And that’s why I’m there.”
The ACLU said it filed the suit to ensure election law would be followed after Froman disavowed his comments to the paper, which stood by its reporting, but refused to request a retraction.
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But on Monday, Froman relented and signed an affidavit agreeing that he “may not, and will not, refuse to certify results of the election based on any information extrinsic to the statement of returns.” In exchange, the ACLU agreed to a stipulated dismissal of the suit with the proviso that if they have to refile it, Froman agrees they can do so via email.
Phil Mayor, senior staff attorney at the ACLU of Michigan, said the lawsuit and its quick resolution was proof that pro-democracy groups like the ACLU will act immediately if officials fail to follow the law.
“Having faith that elections are fair and the results properly certified is crucial to a well-functioning democracy,” said Mayor. “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 ACLU noted that the Michigan Constitution and state election law 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
Despite the unambiguity of the law, the same issue was at play in two other incidents involving county canvassers in Michigan.
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. It was later learned that they had been personally pressured by President Trump not to sign the certification documents.
More recently, Republican members of the Delta County Board of Canvassers initially refused to certify the results of elections earlier this year for county offices based on unfounded allegations of voter fraud. They quickly reversed that decision and certified the results after being reminded by state election officials of their ministerial duties under the law.
“The resolution of this suit shows that no one is exempt from the law,” said Theresa Lee, senior staff attorney at the ACLU. “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.”
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