“For democracy to work, election officials at all levels must put adherence to the law above partisanship,” said Phil Mayor, senior staff attorney at the ACLU of Michigan.
(Source: MIRS.news, Published 09/03/2024) The ACLU of Michigan and the American Civil Liberties Union filed a lawsuit Tuesday against a member of the Kalamazoo Board of County Canvassers who acknowledged his willingness to violate election law if he disagrees with the upcoming presidential election results.
Robert Froman’s comments were made in a recent Detroit News article, in which he was quoted as saying, “No. And that’s why I’m here” when asked if he would certify the 2024 presidential election if it unfolds as the 2020 election did.
Froman also was quoted as saying he would not “do anything that’s illegal,” but the ACLU noted that Froman seems to not recognize that refusing to certify the election would 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.
“For democracy to work, election officials at all levels must put adherence to the law above partisanship,” said Phil Mayor, senior staff attorney at the ACLU of Michigan. “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,” he added.
The lawsuit, filed in Kalamazoo County Circuit Court, seeks an order formally declaring Froman is legally required to certify the election results.
The lawsuit explains that the dispute must be resolved by a court now because of the harm that could occur if Froman defies his legal duties during the short 14-day window for certification following the November election.
The ACLU said it contacted Forman about the quotes in the Detroit News, and he denied making the statements, but he declined to contact the newspaper to request a correction.
The ACLU said Froman also did not deny that he would refuse to certify the election as quoted.
