Case Explained: Colorado Montana Wyoming State, et al. v. Smith, et al.

Court: United States Court of Appeals for the Tenth Circuit

Filed: 2026-07-06

Docket: 1:22-CV-00581-CNS-NRN)

The Tenth Circuit reversed the district court’s dismissal of the United States Election Integrity Plan (USEIP) as a defendant and its grant of judgment on partial findings in favor of the individual defendants, vacating the final judgment and remanding the case for a new trial. The court held that unincorporated associations qualify as “persons” who may be sued under 42 U.S.C. § 1985(3) and Section 11(b) of the Voting Rights Act (VRA), rejecting the district court’s reliance on *Lippoldt v. Cole* to exclude them from liability under those statutes. The appellate panel reasoned that while *Lippoldt* correctly interpreted “person” in § 1983 to exclude unincorporated associations, the text, legislative history, and distinct purposes of § 1985 and the VRA demonstrate a congressional intent to include such entities as potential defendants for conspiracies and intimidation. The court further found that the district court abused its discretion by excluding video evidence of defendant Shawn Smith’s public remarks and by limiting the scope of evidence regarding USEIP’s organizational activities, which prevented the plaintiffs from being “fully heard” on the issue of voter intimidation. Consequently, the dismissal of USEIP was deemed reversible error affecting substantial rights, necessitating a new trial where the organization can be properly included as a defendant. The court also dismissed the individual defendants’ separate appeal regarding attorney fees as moot due to the vacatur of the underlying judgment.

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