Legal Action Taken to Stop Illegal Ballot Harvesting on University Campuses

A groundbreaking legal initiative has been filed to halt the illegal ballot harvesting of university students. The legal effort, led by attorney Erick Kaardal of Mohrman, Kaardal & Erickson, P.A. (mklaw.com), represents Desi Andersen (a previous Illinois State Representative candidate) in a formal complaint against the U.S. Department of Education (DoE).

The complaint demands that the DoE enforce the Family Educational Rights and Privacy Act (FERPA) and immediately act against known violations tied to the ALL IN Campus Democracy Challenge (an NGO affiliated with progressive student organized on college campuses)  and the National Student Clearinghouse/NSLVE program (an NGO affiliated with illegally gathering confidential and personal data about students). 

The legal filing asserts that universities sharing student data with these organizations are violating FERPA and, therefore, should face the immediate termination of all federal funding, unless they cease participation. Furthermore, the complaint calls for the DoE to direct the Department of Justice (DOJ) to validate compliance and take enforcement actions as necessary.

“A plain reading of FERPA requires the U.S. Secretary of Education to intervene and prevent universities from unlawfully disclosing student records under the guise of voter engagement efforts,” said Erick Kaardal, lead attorney on the case. “If universities are providing student data for ballot harvesting, it is a clear violation of federal law, and the DoE has a duty to act immediately.”

The ALL IN Campus Democracy Challenge and National Student Clearinghouse/NSLVE claim to promote student voter engagement, but the legal challenge highlights how these initiatives facilitate unauthorized access to student personal information, creating a pipeline for illegal ballot harvesting. The complaint underscores that universities participating in these programs are effectively aiding and abetting violations of federal election law.

"I was shocked to learn that my personal student data was shared without my explicit consent for voter engagement efforts”, said Braiden Gonzalez, current student at Illinois State University. “As a student, I trusted my university to protect my enrollment information, not to hand it over to third-party organizations like the National Student Clearinghouse (NSC) and the National Study of Learning, Voting, and Engagement (NSLVE). I never agreed to have my information used to track my voting habits or to be part of a targeted Get Out the Vote (GOTV) initiative run by non-profits like ALL IN Campus Democracy Challenge.”

“I was never informed that my student records would be cross-referenced with voter files to measure and influence voter turnout. The fact that my data was used to shape election strategies without my knowledge or permission is deeply concerning, continued Gonsalez. “Regardless of political affiliation, every student should have the right to decide how their personal information is used, especially when it comes to something as personal as voting. Transparency and consent should be the foundation of any voter engagement effort, and universities should be held accountable for sharing student data without clear and informed permission."

Three Stones LLC and Great Education Initiative are supporting the legal action taken to ensure election integrity and the protection of student privacy.  Each stand against unlawful political exploitation of students by higher education institutions.

"Our colleges and universities exist to educate and prepare the nation's best and brightest students for their chosen careers—not to serve as tools for influencing local and state elections or as perpetual political battlegrounds,” said Andersen. “Unfortunately, even the most well-intentioned civic engagement initiatives on these campuses have been exploited by partisan non-profits/non-governmental organizations working alongside political operatives to access and misuse students’ private data. Programs, like the ALL IN Campus Democracy Challenge, the National Study of Learning, Voting, and Engagement (NSLVE), and the National Student Clearinghouse facilitate the collection and analysis of student enrollment and voting data, without students’ explicit consent. This confidential data is then leveraged to shape electoral outcomes, raising serious concerns about privacy, transparency, and the integrity of our democratic process." 

This legal action is part of a broader effort to expose and dismantle unlawful election practices in higher education institutions across the United States. To learn more, see the website ISueGov.com.  

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