Today, Free Speech For People and co-counsel Bryan Sells filed a reply brief on behalf of Colorado Montana Wyoming State Area Conference of the NAACP (NAACP Colorado), League of Women Voters of Colorado (LWV Colorado), and Mi Familia Vota (MFV) in NAACP Colorado v. USEIP. This appeal challenges the dismissal of a lawsuit against the United States Election Integrity Plan (USEIP) and three of its leaders who orchestrated a door-to-door campaign to intimidate Colorado voters in their homes.

In the months following the 2020 election, USEIP agents went to voters’ homes to question them about their method of voting, interrogate them about so-called fraudulent ballots, levy baseless accusations of fraud, and take photographs of their homes. USEIP encouraged armed members to join the campaign, and reported purported findings to local prosecutors. USEIP leaders orchestrated, recruited for, and publicized the campaign, with one leader publicly calling for anyone who commits election fraud to be hung. But the district court ruled that none of the defendants were liable for intimidation.

Free Speech For People filed an opening brief in the appeal in November. The United States Department of Justice also filed an amicus brief in support of NAACP Colorado, LWV Colorado, and MFV’s appeal. The reply brief now answers the defendants’ briefs, correcting the factual record and the defendants’ flawed legal assertions. The plaintiffs explain that the defendants’ brief—despite making ad hominem attacks on the plaintiffs—“do nothing to rehabilitate the district court’s judgment, which rests on error after error.”

As the brief argues, “Congress adopted the Voting Rights Act and the Ku Klux Klan Act to safeguard our democracy at critical junctures in our nation’s history. The district court’s rulings . . . weakened those protections, and they have undermined accountability.” The plaintiffs ask that these serious errors be reversed in order to protect the voters of Colorado.

Read the plaintiffs’ reply brief here.

Read more about the case here.