After Ashley Epp (aka Ashe in America) defended herself in Federal Court, in July 2024, and won, (Case 1:22-cv-00581) the plaintiffs in the case appealed (24-1328). Ashe defended herself on the appeal (her co-defendants remain represented by counsel), and the 10th Circuit Federal Court of Appeals ordered a new trial. 

Read Ashe’s pro se briefs and the court orders in both the trial and appellate courts below:

Trial

1. Epp Trial Brief
2. Epp Proposed Findings of Fact
3. Court Final Judgement

Appeals

1. Epp Appellee Brief
2. 10th Circuit Order
3. Epp Petition for Rehearing

About the Case

This is a case of "impact law" where well-funded, nationally recognized NGOs are accusing law-abiding citizens of voter intimidation. This case is critical to protecting every Americans' RIGHT to engage in civic life and access their civil rights. 

Who?

NAACP, League of Women Voters, and MiFamilia Vota filed a federal civil lawsuit against three private citizens, Shawn Smith, Ashley Epp, and Holly Kasun along with USEIP (U.S. Election Integrity Plan) which was dismissed from the case in Jan 2023. The dismissal of USEIP is the main substance of the Plaintiffs' appeal, and the main reason for which Ashe's victory at trial was overturned.

What?

Plaintiffs brought this action, alleging that USEIP and the named defendants are, “Planning to, threatening to, and actually deploying armed agents to knock on doors throughout the state of Colorado,” with “the purpose and effect of intimidating Coloradans from voting, trying to vote, helping others to vote, supporting or advocating for certain political beliefs, or exercising the right to speak, peaceably assemble, or petition the government for redress of grievances, in violation of Section 11(b) of the Voting Rights Act of 1965, 52 U.S.C. § 10307(b).” 

Plaintiffs further allege that Defendants are “Introducing themselves in ways that make voters believe that they are associated with government agencies…using public voter lists to target and intimidate voters,” “encouraging agents to carry weapons,” and “generating and spreading fear that voters can expect multiple armed and unarmed USEIP members to show up at their doors at any moment to harass and interrogate them about their voting history.” Plaintiffs conclude that Defendants’ conduct is “...thereby Intimidating voters and preventing Coloradans who are lawfully entitled to vote from giving their support or advocacy towards political candidates, in violation of the Ku Klux Act, 42 U.S.C. § 1985.” (ECF No. 01).

Defendants disputed all of plaintiffs’ allegations as categorically false, devoid of factual support, and defamatory at trial, and the court entered judgment on Defendants behalf on a 52(c) motion (Judgement on Partial Findings, or Directed Verdict), meaning the judge ruled definitively in defendants’ favor without requiring the defendants to bring their case in chief. 

The behavior in question is lawful canvassing and political expression, which is protected by the First Amendment and well litigated.

Where?

US Federal Court of Appeals for the Tenth Circuit, originating in the District of Colorado. 

When?

The case remains assigned to a panel of judges in the appellate court, with a petition for en banc review pending along with Ashe's petition for a rehearing. They can rule at any time, but we expect to return to the trial court. The need to hire counsel for USEIP is right now.

Why?

Ashe continues to defend herself, but she is not permitted to represent USEIP so we are being forced to hire attorneys. Plaintiffs are three civil rights organizations with two law firms and as many as 17 attorneys since the beginning of these proceedings. This case is on the front line of fighting leftist lawfare, and we are committed to ensuring that these people can never do this to their political opponents, ever again. We already proved in one trial that they had no evidence to support their claims.

Please Help! 

Please consider helping Ashe fight to ensure that civil rights laws can no longer be weaponized to infringe upon the civil rights of political opposition. It’s a long road ahead, with multiple legal actions — some of them pro se, some of them with counsel. Your support is crucial, and deeply and profoundly appreciated. 

Thank you for your consideration. God bless!