OUTRAGEOUS: Federal Judge Disenfranchises 2.7 million North Carolinians

Federal Judge Disenfranchises 2.7 million North Carolinians

Guest post by Marly Hornik with United Sovereign Americans

In yet another breathtaking case of judicial overreach, on May 5^th Judge Richard E Myers II arbitrarily ordered the North Carolina board of elections (NCBOE) to certify a contested election in favor of the Democrat candidate. In question were 60,000 ballots lacking required documentation, but the real issue continues to be bureaucratic defiance of our Constitution and laws.

In 2018 the North Carolina State Legislature passed a law requiring that all voter applicants submit either a valid North Carolina driver’s license, or the last four digits of their social security number, in order to verify their identity and prove their qualifications. However, the law, which became active in 2023, was unequally applied. NCBOE decided, “on a bipartisan basis” according to the opinion, to exclude voters registering through the UOCAVA platform. In other words, NCBOE legislated.

Apparently neither NCBOE nor Myers II is aware that Chevron was overturned in 2024, with a “tombstone no one can miss.” The Constitution unambiguously gives the state legislatures the authority to establish the time, place and manner of their elections, side-by-side with congressional interests in protecting their own elections. The NCBOE has no authority, as an unelected body, to make or alter law. Yet a federal judge has officially endorsed a gaping legal exemption granted by these clerks, and set the law upside-down. Myers II decided that the Plaintiff, Judge Griffin, in defending his right to a fair contest and asking that the 60,000 identity verification omissions be rectified or the votes be tossed, offers, “no process to those who may have been misclassified as ineligible.”

The misclassification that took place was when NCBOE changed the rules, and unverified voters were deemed eligible. In Loper-Bright the Supreme Court asked a question that speaks, nay screams, to the election validity disaster here, “Does the statute authorize the challenged agency action?” Unequivocally no, is the answer in North Carolina. Once again, a federal judge has turned our system of legitimate representative government into a “game of bingo under blindfold,” to quote J. Gorsuch in his concurring opinion from 2024.

Myers II also claims that no one challenged the color of law decision by NCBOE, so the “rules of the game” created in an illegal overreach can’t be changed “after the game is played.” This is inane, and false. United Sovereign Americans, a national nonpartisan election validity research organization, submitted a formal report to NCBOE in June, 2024 documenting more than 1.1 million materially deficient registrations—including over 429,000 with no Social Security number or driver’s license on file—from the state’s voter file, an official federal record. The BOE never responded. USA later filed a lawsuit to compel compliance.

According to the Administrative Procedures Act, federal courts are required to “hold unlawful and set aside agency action, findings, and conclusions found to be . . . not in accordance with law.” Myers II chose to ignore Congress, ignore his duty to rule on what the law is, and in doing so has disenfranchised 2.7 million citizens in North Carolina who played the game according to the rules, yet their candidate arbitrarily lost. Let’s hope Judge Griffin is appealing this outrage.

Marly Hornik is the co-founder and CEO of United Sovereign Americans. She has coordinated more than 10,000 volunteers to audit elections in 21 states, advocate for legally valid elections to over 700 local representative bodies across America, and file federal lawsuits in nine states demanding that the voters, votes, and counts be lawful and accurate.