Summary
This legal project supports a 42 U.S.C. § 1983 civil rights lawsuit filed by the 2020 Michigan Republican electors against Michigan Attorney General Dana Nessel and Special Agent Howard Shock. The lawsuit alleges that the defendants initiated a bad-faith, politically motivated criminal prosecution against the electors in retaliation for their exercise of protected First Amendment rights. The project seeks to hold these officials individually accountable for malicious prosecution, vindicate the electors' constitutional rights, and secure damages for the harm caused by the baseless felony charges, which have since been dismissed by a state court.
Overview
Reason to Invest:
Investing in this project is an investment in the core principles of the U.S. Constitution—specifically the right to political speech and the right to petition the government for a redress of grievances. The value of this case extends far beyond the individual plaintiffs.
Here are the key reasons to invest in this project:
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Protecting Core First Amendment Rights: This case is a direct challenge to what the complaint alleges is a politically motivated prosecution. It seeks to affirm that citizens cannot be subjected to felony charges and the power of the state's criminal justice system as punishment for engaging in protected political activity, such as petitioning Congress with an alternate slate of votes based on a good-faith legal belief and historical precedent (e.g., Hawaii, 1960).
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Deterring Prosecutorial Overreach: The project supports a critical check on executive power. It aims to establish a clear line that prosecuting attorneys cannot cross, preventing them from allegedly weaponizing their office to silence, chill, or punish their political opponents. A victory would serve as a powerful deterrent against future politically motivated prosecutions.
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Vindicating Citizens Against Baseless Charges: The plaintiffs in this case were subjected to the humiliation of being charged with eight felony counts, forced to post bond, and had their liberty restricted. A state court has already dismissed all charges, finding the forgery statutes were inapplicable and there was no evidence of criminal intent. This project helps the electors seek justice for the severe reputational harm, emotional distress, and significant financial costs they endured.
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Fostering a Broader Dialogue on Rule of Law: This case forces a necessary public and legal debate on the appropriate role of law enforcement in political disputes. It reinforces the principle that the rule of law must be applied neutrally, not as a tool to achieve partisan ends.
Team
Erick G. Kaardal
Contact Me: (612)-341-1074
Education University of Chicago Law School, Chicago, Illinois J.D. - 1992 Harvard College Honors: magna cum laude Honors: U.S. Army Reserve Officer Training Corps scholarship Major: Economics Bar Admissions Minnesota Wisconsin U.S. Supreme Court U.S. Court of Appeals District of Columbia Circuit U.S. Court of Appeals Federal Circuit U.S. Court of Appeals 3rd Circuit U.S. Court of Appeals 6th Circuit U.S. Court of Appeals 7th Circuit U.S. Court of Appeals 8th Circuit U.S. District Court District of Minnesota U.S. District Court Eastern District of Wisconsin U.S. District Court Western District of Wisconsin U.S. District Court Central District of Illinois U.S. District Court Northern District of Iowa U.S. District Court District of Idaho U.S. District Court Northern District of Georgia U.S. District Court Eastern District of Michigan U.S. District Court Western District of Michigan U.S. District Court Western District of Pennsylvania U.S. Court of Federal Claims U.S. Tax Court Representative Cases Republican Party of Minnesota v. White (U.S. Supreme Court victory 5-4), 2002 Minnesota Voters Alliance v. Mansky (U.S. Supreme Court victory 7-2), 2018 Honors Outstanding Contribution to the Cause of Liberty, Institute for Justice Minnesota Lawyer, Lawyer of the Year, 2018 Life Legal Defense Foundation "Defender of Life" Award Winner – 2021 Pro-Bono Activities Republican Party of Minnesota, Past Secretary/Treasurer John Adams Society, Past Chairman Minnesota Chapter of the Federalist Society, Advisory Board Member Past Positions Mohrman, Kaardal & Erickson, PA - since January 1, 2000 Trimble & Associates, Ltd., Associate Attorney, 1994-1999 Faegre & Benson, Associate Attorney, 1992-1994 U.S. Army Reserves, Minnesota and Illinois National Guard, Field Artillery Officer, Captain (retired)
Mark F. (Thor) Hearne, II
Contact Me: 314.296.4000
Education Washington University School of Law, JD, 1986 Washington University in St. Louis, BA, 1983 Bar Admissions U.S. Supreme Court U.S. Court of Federal Claims U.S. Court of Appeals, Federal Circuit U.S. Court of Appeals, Second Circuit U.S. Court of Appeals, Fourth Circuit U.S. Court of Appeals, Sixth Circuit U.S. Court of Appeals, Seventh Circuit U.S. Court of Appeals, Eighth Circuit U.S. Court of Appeals, Eleventh Circuit District of Columbia Bar Missouri Bar Michigan Bar
About
Project Pitch:
Imagine being charged with multiple felonies, facing decades in prison, and being publicly branded a criminal—all for engaging in a political act that you believed, based on legal precedent, was your constitutional right.
This is what happened to the 2020 Republican electors in Michigan. When they petitioned Congress to consider their votes amid pending legal challenges, the state's Attorney General launched what this lawsuit alleges was a retaliatory, bad-faith prosecution against them.
A state court has already dismissed all criminal charges, finding they were legally inapplicable and that the prosecution's own witnesses "testified that at the meeting there was no intent to defraud."
Now, we are fighting back. This project funds the federal civil rights lawsuit to hold these officials individually accountable for malicious prosecution and for violating the First and Fourth Amendments. Your support will send a clear message: the justice system cannot be weaponized to silence political dissent or punish citizens for exercising their rights. Join us in defending the Constitution and seeking justice for these electors.
Organization Information:
2020 Michigan Republican Electors
Milestones
Milestone 1–File Complaint/Defeat Motions to Dismiss (Qualified Immunity)
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Summary: After filing the complaint, this is the first and most critical hurdle. The defendants will file motions to dismiss the complaint, claiming "qualified immunity." Our legal team must file a comprehensive response, citing case law to argue that their conduct (allegedly swearing to baseless charges and initiating a retaliatory prosecution) violated the electors' "clearly established" First and Fourth Amendment rights, making immunity inapplicable. This phase involves intensive legal research and briefing.
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Monetary Hurdle: $50,000 - $150,000
Milestone 2–Conduct Discovery
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Summary: If we survive dismissal, we move to the discovery phase. This is essential for proving "retaliatory motive" and "malice." This process involves taking depositions of the defendants (Nessel and Shock) and other witnesses, obtaining internal emails and communications from the Attorney General's office, and gathering all evidence related to their decision-making process.
Monetary Hurdle: $100,000 - $300,000
Milestone 3–Defeat Summary Judgment
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Summary: After discovery, the defendants will file for summary judgment, arguing there are no "genuine issues of material fact" for a jury to decide. We will file our opposition, using the evidence from discovery (e.g., witness testimony, internal memos) to demonstrate that a reasonable jury could find in our favor, thus requiring the case to proceed to trial.
Monetary Hurdle: $75,000 - $225,000
Milestone 4–Pre-Trial and Trial
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Summary: This milestone covers all costs associated with preparing for and conducting a federal jury trial. This includes filing pre-trial motions, preparing witnesses, developing trial exhibits, and presenting the case to a jury to seek a judgment and damages (compensatory and punitive).
Monetary Hurdle: $150,000 - $450,000+
Updates
Project Updates:
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November 30, 2025: Complaint to be filed by this date in the U.S. District Court for the Western District of Michigan.