Colorado Montana Wyoming State Area Conference of the NAACP v. United States Election Integrity Plan
Case Summary
LWV Colorado, along with the Colorado Montana and Wyoming Area Conference of the NAACP and Mi Familia Vota, filed a lawsuit alleging voter intimidation by the United States Election Integrity Project (USEIP), an election fraud conspiracy group. The lawsuit argues that the USEIP’s activities, which includes door-to-door canvassing by armed volunteers questioning people about their voting history and election fraud, constituted voter intimidation in violation of the Ku Klux Klan Act of 1871, and the Voting Rights Act.
Plaintiffs filed a lawsuit alleging voter intimidation by the United States Election Integrity Project (USEIP), a conspiracy group that promotes false allegations of mass voter fraud. Defendants Shawn Smith, Ashley Epp, and Holly Kasun cofounded the USEIP after the 2020 election, claiming that former President Donald Trump lost re-election due to massive voter fraud. USEIP is not a government agency and has no legal authority to conduct any election audit or investigation. USEIP members have been accused of involvement in the January 6 insurrection and the QAnon conspiracy theory.
The lawsuit asserts that volunteers affiliated with the USEIP, sometimes wearing badges identifying themselves as members of a “Voter Integrity Committee,” conduct door-to-door canvassing, asking voters about voter fraud or accusing them of casting fraudulent ballots. These volunteers are sometimes armed at the urging of USEIP. The lawsuit asserts these activities are voter intimidation that violates the Ku Klux Klan Act of 1871 and the Voting Rights Act of 1965, which prohibit conspiring to interfere with civil rights and intimidating voters respectively.
LWV Timeline
LWV Colorado files lawsuit
The Colorado, Montana and Wyoming State Area Conference of the NAACP, the League of Women Voters of Colorado, and Mi Familia Vota files a lawsuit against the United States Election Integrity Plan (USEIP), arguing its use of “door-to-door “canvassing” in which armed volunteers ask voters about their voting history and voter fraud, constitutes voter intimidation in violation of the Ku Klux Klan Act of 1871 and the Voting Rights Act.
USEIP sues plaintiffs for defamation and abuse of process
USEIP files a counterclaim against LWV Colorado and its co-plaintiffs, accusing them of defamation and abuse of process.
Department of Justice files statement of interest
The United States Department of Justice files a Statement of Interest in the case, arguing that Section 11(b) of the Voting Rights Act does not require proof of subjective intent and is enforceable by private plaintiffs.
Court dismisses counterclaims against plaintiffs
The court dismisses the counterclaims against LWV Colorado and its co-plaintiffs, finding the defendants failed to state a valid claim for defamation and allege sufficient facts to substantiate allegations of abuse of process.
Court partially grants defendants' motion for summary judgment
The court denies defendants' Motion for Summary Judgment against plaintiffs' claims under the Ku Klux Klan Act and Voting Rights Act. The court also denies defendants' Motion for Judgment on the Pleadings. The court grants summary judgment for defendant USEIP, finding that, given Tenth Circuit precedent, it cannot be sued under the Voting Rights Act or Ku Klux Klan Act, as it is an unincorporated association. Defendant USEIP is dismissed from the case.
During the trial, the court grants defendants' motion for judgment on partial findings.