Colorado: Judge refuses to toss voter intimidation claims against election-skeptic group’s founders | Michael Karlik/Colorado Politics
A federal judge has refused to throw out claims of voter intimidation brought against the founders of a Colorado organization that believes the 2020 presidential election was fraudulent. On Jan. 31, U.S. District Court Judge Charlotte N. Sweeney agreed it is a matter to be decided at trial whether Shawn Smith, Ashely Epp and Holly Kasun are liable for violating the Voting Rights Act and the Reconstruction-era Ku Klux Klan Act. The facts are disputed, Sweeney wrote, about whether agents of the defendants’ organization, the U.S. Election Integrity Plan, went door-to-door in the wake of the election and intimidated voters by interrogating them about their voting history. However, she agreed to dismiss USEIP itself from the lawsuit. While Sweeney believed the U.S. Court of Appeals for the 10th Circuit requires her to rule that unincorporated groups, such as USEIP, are not “persons” to be sued, Sweeney took the unusual step of openly criticizing the 10th Circuit for restricting plaintiffs’ ability to hold alleged civil rights violators accountable. Under the 10th Circuit’s precedent, she wrote, “civil rights organizations cannot seek relief against unincorporated associations … to halt an allegedly discriminatory conspiracy committed by the group’s members — which is entirely contrary to the purpose and history of the Ku Klux Klan Act.”
Full Article: Judge refuses to toss voter intimidation claims against election-skeptic group’s founders | Courts | coloradopolitics.com