After 73-year-old Robert Froman, a Kalamazoo County elections canvasser, told The Detroit News he would not certify the 2024 election if he saw problems reminiscent of what occurred in 2020, the Michigan chapter of the left-wing legal powerhouse ACLU dragged him to court.
“If I saw cheating that I could challenge legally as a canvasser, I would,” Froman explained to The Federalist. “It was not a blanket statement that I was going to not certify the election.”
County canvassers are tasked with reviewing and signing off on the results of each election. According to the U.S. Election Assistance Commission, “The canvass enables an election official to resolve discrepancies, correct errors, and take any remedial actions necessary to ensure completeness and accuracy before certifying the election.” But since 2020, leftists have launched a pressure campaign to force canvassers to rubber-stamp election results rather than exercise meaningful oversight.
In Michigan, they successfully passed a law changing the state constitution to neutralize canvassers’ ability to investigate potential wrongdoing. Proposal 2, passed by voters in 2022, makes canvassers’ certification duties purely “ministerial, clerical, [and] nondiscretionary,” according to Ballotpedia — in other words, requiring them to sign off on results no matter what concerns they may believe are unresolved.
Armed with that law, ACLU Michigan sent Froman a letter threatening to sue him.
“The law does not authorize members of boards of canvassers to withhold certification based upon speculation, theories, or even evidence pertaining to the accuracy of the reported returns,” the letter, obtained by The Federalist, warns.
Froman argues that Michigan election law – specifically §168.823 – protects canvassers’ ability to investigate potential issues in ballot returns. That statute says in part that if “the returns from any of the boards of election inspectors of the several election precincts are missing, incomplete, or incorrect, or for any other reason it is found necessary, then the board of county canvassers shall have power to adjourn from day to day until the returns shall have been procured or corrected.”
“They’re suing me not for what I did, they’re suing me for what they think I might do,” Froman told The Federalist. “I just cannot fathom that in the United States of America that I grew up in, that wasn’t even possible.”
On Sept. 9, Froman says he signed an affidavit, obtained by The Federalist, promising to certify the election results “based solely on the statements of returns” in exchange for the ACLU dropping its lawsuit.
“I just signed an affidavit saying that I’ll be willing to do my job as I’ve always done,” Froman said. “They agreed that if I would sign this affidavit, that they would drop the case.”
ACLU Michigan dropped the lawsuit the same day, according to Froman. The Federalist asked the group whether it had dropped the lawsuit, but it did not respond by publication time.
Froman isn’t the first canvasser the left has threatened or maligned for refusing to commit to the rubber-stamp approach, and he surely won’t be the last.
A ‘Direct Threat’
Froman says he was sitting at the table playing a game with his granddaughter when he answered a phone call from a reporter from The Detroit News, who asked about his role as a Kalamazoo County elections canvasser.
The Detroit News reported in August that Froman “said he ‘most definitely’ believes the 2020 election was stolen from Trump.”
“Asked if he would certify the 2024 presidential election if it unfolded the same way the 2020 one did, Froman replied, ‘No. And that’s why I’m there,’” the article added. It also quoted Froman’s assurance that he is “not going to do anything that’s illegal,” a sentiment he repeated to The Federalist.
Froman told The Federalist he would certify the 2024 results unless he saw cheating and said his concerns about the 2020 election were “motivation to get involved, not to get even.”
“I believe the election was stolen. That does not mean I can prove it,” he said.
In its Aug. 15 letter, ACLU Michigan threatened to “examin[e] appropriate legal remedies” if Froman failed to comply with its demands. The group cited Michigan Attorney General Dana Nessel’s threats to prosecute canvassers who fail to certify election results as reported. Secretary of State Jocelyn Benson has also threatened “legal consequences” for local officials who hesitate to certify reported election results.
“As it is a nondiscretionary legal duty for a board of county canvassers member to certify the election based on election returns, to refuse to do so because of rumors, allegations, or even evidence of fraud would expose that member to criminal liability,” the letter from ACLU Michigan reads.
Froman said he took the letter as a “direct threat.”
“I took it as a direct threat to me, as a citizen of the United States, responsible for canvassing the votes in my county. And I took it as a direct threat to me, to canvass the way they want,” Froman said.
ACLU Michigan demanded Froman either ask for a retraction if he was misquoted by The Detroit News, or rescind his comments and “issue a public statement” about them.
“If you were not [misquoted], then your statements demonstrate a willingness to violate Michigan law that could subject you to legal liability both now and following the election,” the letter warned. “You should rescind your statements immediately.”
Froman told The Federalist he did not ask the outlet to retract its reporting, which Kevin Hardy, managing editor for The Detroit News, confirmed to The Federalist.
“We stand by our story,” Hardy said.
ACLU Michigan sued Froman Sept. 3 in Kalamazoo County Circuit Court. Froman said the controversy caused him to receive “rotten” and “nasty” emails.
The group labeled Froman’s comments part of an “anti-democratic trend of election denialism,” according to a press release.
Froman said he hopes to put the matter “behind” him and “move forward.”
