Time to Revitalize the Election Crimes Bureau of the DOJ
Guest post by Harry Haury and Marly Hornik with United Sovereign Americans
On May 27, the Civil Rights Division of the DOJ filed a lawsuit against the North Carolina board of elections (NCBOE) for violations of the 2002 Help America Vote Act (HAVA). To summarize broadly, in 2024 there were 60,000 votes counted from voters whose identity was never confirmed by NCBOE, in violation of clear state and federal law. This is known to have tainted the validity of the certification of a judicial race, at least. But many other races were on those ballots, including elections for US Congress.
When Congress passed HAVA, it was not to create a fog of uncertainty wherein election administrators could argue with the DOJ for the claimed right to be disloyal or incompetent. HAVA upholds the third sentence of the US Constitution, which establishes the right of citizens to choose congressional representatives and the right of states to define the exact qualifications of a voter. North Carolina failed to keep its side of the contract when it counted 60,000 votes that didn’t qualify, according to its own rules. The DOJ is uniquely equipped with stronger tools than HAVA to address this.
A common misconception regarding elections is that election fraud requires intent. Congress, in setting the predicate for criminal election fraud that has been upheld by the Supreme Court for 150 years, established that “neglect or refusal to perform a duty required by law in regard to an election, at which a representative of Congress is voted for is made by this section an offense against the United States, although such nonperformance of duty is without an evil intent.” There is no reason for the DOJ to be so polite when it comes to enforcing the first grand right of Americans against possible corruption. False registration and voting are defined crimes, so-called clerical errors notwithstanding.
Whether the NCBOE conspired to cheat is legally moot. When a state breaks the Constitution at sentence number three, it’s a national security emergency, and settled criminal law says it’s game over for those election officials. Legitimate representation is the basis of our entire republican scheme, our raison d’tre passionately argued in the ratification debates and the Federalist. How can it not be a fraud on the citizenry to certify an election in which 60,000 votes, according to the certifiers themselves, originate from records calling the voter’s identity and eligibility into question?
The bitter truth is that no one knows who won the 2024 down-ballot races in NC, and that’s a crime.
It is time for the DOJ to staff up in the Election Crimes Bureau of the Public Integrity Section—in the Criminal Division. There are a handful of attorneys familiar with the caselaw and ready to start filing. If we don’t enforce legally valid elections in America, our opportunity to Make America Great Again ends with this administration.
Harry Haury is the Chairman of United Sovereign Americans and an expert in operations research, workflow automation, information assurance, cyber security and distributed trust in work flow systems, including election systems, for organizations such as the NSA, CIA, DOD, DHS, DOJ, SOCOM, as well as, American Express, Visa, Mastercard and 16 of the largest 25 US banks. Mr. Haury was the technical consultant on the design of the voting system in HAVA.
Marly Hornik is the Chief Executive Officer of United Sovereign Americans, where she has organized 5,000+ volunteers across the country. Ms. Hornik is a national leader in the movement for Election Validity and restoration of constitutional rights through forensic research, advocacy, education, litigation and legislative efforts.