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Haury, a St. Louis native with deep ties to the “Stop the Steal” movement, approached Hornik about nationalizing the work of New York Citizens Audit. Haury had been part of a little-known team of self-proclaimed cybersecurity experts who helped search for evidence of fraud in the 2020 election for some of Trump’s closest allies in the weeks after Trump lost. She expanded her efforts after teaming up with Harry Haury, whom she met at a 2022 conference hosted by the group that funded the debunked pro-Trump propaganda film "2000 Mules," which is based on lies about the 2020 election.
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The group’s legal arguments rely on faulty interpretations of federal election law and are likely to fail in court, according to Levitt and other experts who believe the group's evidence of voter registration fraud is overstated and inaccurate. And their legal argument is based on a "really troubling" interpretation of civil rights law, said Sean Morales-Doyle, director of voting rights for the Brennan Center for Justice. At the diner in Sacramento, Hornik told the crowd that her plan to sue states for alleged civil rights violations should be easier than challenging results based on election laws. She said United Sovereign America intends to file lawsuits in least 11 states across nine federal court circuits. Failing in some and winning in others is part of the strategy to get to the Supreme Court, Hornik said.
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The concept of "vote dilution" stems from a provision of the Voting Rights Act that is meant to give people of color equal rights to elect the candidates of their choice. It typically comes up in disputes over drawing political boundaries where the preferences of a minority group could be diluted by a white majority that votes as a bloc. "They used to just say, 'There's so many dead and illegal voters on the list.' And then they started coming up with a really specific number ... as if there was some analysis that went into that."
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The civil rights claim
Their arguments claiming fraud are also based on fundamental misunderstandings of what is allowed under federal voting laws, he said. But the entire plan is based on a count of alleged errors in the voter rolls conducted by volunteers who lack expertise in the election system and election law. Hornik's allies at Election Integrity Project California claim to have counted 257,894 people who voted in the state's 2022 election despite potentially being ineligible to cast ballots. But they did not explain their criteria for identifying alleged discrepancies in the voter rolls, raising serious questions about their count. Similar lawsuits are expected in coming weeks in California, Ohio, Illinois, Texas and several other states, Hornik said in an interview. Once they have built a legal fund for the suits, her group plans to file in multiple federal jurisdictions in hopes that judges will rule differently in different areas of the country, causing the Supreme Court to step in and settle the issue ahead of election day, she said.
"It doesn't matter that we are going to get turned down in New York. It doesn't matter that we get turned down potentially in California," Hornik said. "It matters that we get a favorable ruling in Tennessee and Missouri. It matters that we get a favorable ruling in Texas so that there is a diversity of opinion and ultimately that also means that there is a possibility that the matter is settled for the entire country." “These are people sitting at home who don't actually understand all that much about how the election structure works who are trying to impose their will on how the process is supposed to work on the government,” he said.
The nearly 90 people gathered in the diner in February were there to understand how they can do their part in a plan to sue California to block certification of the 2024 election results unless the state can prove that ballots were cast only by people eligible to vote. Over mugs of coffee and plates of pot roast smothered in gravy, attendees in MAGA and tea party gear took notes about the landmark Voting Rights Act and studied the U.S. They peppered self-proclaimed "election integrity" activist Marly Hornik with questions about how to become skilled citizen observers monitoring California poll workers. Long Life Vegi House's popular and inexpensive lunch specials include over sixty different combinations and are served with hot and sour soup, your choice of brown or white rice, and - if you order before 3pm - a spring roll.
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Its first lawsuit in the multi-state plan was filed against Maryland election officials on March 6, alleging that the state's voting policies don't comply with federal laws requiring accurate voter rolls and thus violate the plaintiffs' civil rights. The suit asks the court to keep the State Board of Elections from certifying any election until their claims of voter roll irregularities and other election law violations have been resolved, an action that could potentially derail Maryland's May 14 primary. On April 22, Maryland asked the judge hearing the case to dismiss the lawsuit or, at a minimum, deny the request for the restraining order.
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United Sovereign Americans is part of a cottage industry of far-right election deniers that has sown disinformation since Trump lost his reelection bid. The group aims to scrutinize elections with a legal strategy that can "throw massive amounts of sand in their gears," Hornik said during a February presentation in Orange County. But election experts worry that if even one sympathetic judge rules in their favor, it could sow doubts about the integrity of a presidential rematch between President Biden and Donald Trump.
"Are you called to participate? Are you called to come and work on the resolutions? Are you called to work on the legal briefings? Are you called to write me a $10,000 check today? Because we need money to get this done." Hornik said she lives in rural upstate New York with her "three home-birthed children" and a small herd of dairy goats. The self-described "home school mom" has long gray hair and the air of a patient teacher as she fields questions and flips through PowerPoint slides explaining her plan to disrupt America's elections.
Hornik became involved in an online community questioning election results while stuck at home during the early months of the COVID-19 pandemic, then went on to create a group called New York Citizens Audit in 2021. Its members spread conspiracy theories about the results of the 2020 and 2022 elections at events across the state. "Sometimes the whole point is to whip up enough smoke that it seems like a fire,” said Justin Levitt, a former deputy assistant attorney general who specializes in voting rights. If any votes are found to be ineligible, Hornik explained, then all voters are being disenfranchised — just like those decades ago who couldn't vote because of their race.
"I want to ask you to really look inside yourself and ask yourself what are you called to do to help this mission?" she said, according to a recording of the event posted online. The group has trained hundreds of poll watchers to observe whether local officials are following proper election procedures, including during the attempted recall of Democratic Gov. Gavin Newsom in 2021. In California, they are working with Election Integrity Project California, a nearly 15-year-old group that has been sending election observers to the polls since 2012. Linda Paine, a former Santa Clarita tea party activist now living in Arizona who leads the group, hosted Hornik for a three-day speaking tour in February with stops in Fresno, Shasta and Ventura counties.
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