(MintPress) – Hurricane Sandy and a close election are brewing up a perfect storm for post-election confusion and lawsuits — and campaigns are preparing for the battle, not only in states impacted by the natural disaster, but in swing states already under scrutiny for long lines and issues relating to provisional ballots.
New Jersey Gov. Chris Christie gave the go-ahead for stranded residents to submit ballots via email and fax Saturday, causing concern for some and relief for others. The news attracted plenty of skeptics, who see it as a recipe for disaster, and instantly called into question the validity of the results — before they’re even known.
The announcement was made in response to concerns by many that their right to vote would be compromised in the wake of the superstorm, which has left many stranded or with uninhabitable homes. The solution was found in an alternative already offered to New Jersey voters overseas and military servicemen and women: electronic email voting.
And while it might be the most realistic option right now for a state devastated by Sandy, the nature of the race could lead to a lengthy and ugly political battle — one that won’t end without the deployment of legal teams and big spending by both campaigns.
A new look for New Jersey voting
A directive sent on behalf of the New Jersey Department of State indicates that residents who have been displaced from their homes due to the hurricane will undergo the same voting protocol as New Jersey residents living overseas — that’s where the email and fax voting regulations come into play.
That means displaced voters will have to submit a mail-in ballot application to their county clerk, by way of email or fax. At that point, the county clerk will determine if the applicant is an eligible voter and, depending, grant the person a a ballot, which will be sent via email. The completed ballot must then be sent to the county clerk before 8 p.m. Nov. 6. However, the application for such ballots can be sent through 5 p.m. Nov. 6.
On top of that, the voter must electronically submit a signed waiver of secrecy along with the ballot. This must be transferred to the county clerk by 5 p.m. Nov. 6.
Sound like a headache? It likely will be.
Mentioning email and voting in the same sentence during such a tense presidential race was bound to cause a widespread reaction from both sides of the aisle. Depending on who takes New Jersey’s 14 electoral votes, the losing end will likely be left criticizing the loudest — and launching a legal campaign to question the results, especially if the victory margin between President Obama and Republican Challenger Mitt Romney falls within 14 electoral votes.
In 2008, New Jersey went to Obama, with 57 percent voting for the president — 42 percent of residents favored Republican challenger John McCain.
The question now is, will people who have been displaced from their homes have the time, energy and dedication to go through the electronic voting process? If not, the state could be up for grabs.
“It’s a possibility that we’ll see significant drops in turnout in some of these densely populated areas,” Michael MacDonald, George Mason University professor said in an interview with Reuters, who went on to add, “The effects could be quite dramatic in terms of the popular vote.”
While Obama has been praised by Republicans and Democrats on his response to the Hurricane Sandy disaster, it’s possible those who are still without proper shelter and electricity could take their frustrations out on those currently in power.
As of Monday, 25 percent of New Jersey residents were without power. And they certainly weren’t the only ones. CNN reported Nov. 3 that 2.4 million households in 15 states and the District of Columbia were without power — and many would not see that power return for another week.
Connecticut and New York were considered among the hardest hit. In terms of politics, Connecticut has gone for both Republicans and Democrats in the past, but turned out a seven point electoral vote victory for Obama in 2008, with 61 percent of popular support. New York is solidly blue, with the 29 electoral votes expected to once again favor the Democrat Party in the presidential bid. In 2008, Obama beat McCain by 27 percent — a landslide.
Preparing for the 2012 post-election legal storm
New Jersey isn’t the only state campaign lawyers are eying. Ohio and Florida — both expected to be close races — are on each team’s radar. If votes collected at polling places are close enough to be reversed through provisional ballots, Republicans and Democrats are likely to unleash legal teams to ensure all votes are counted.
Republicans and Democrats have already begun teaming up for legal challenging that could break out after the polls close.
“No one’s going to be flat-footed here, or for that matter anyplace else,” General Counsel for a Florida county Democratic Party Stephen Hunter told the Associated Press. “Whatever the challenges are, we’re up and ready.”
Both candidates have thousands of attorneys ready to tackle challenges or close calls throughout the nation, according to a report by the Boston Globe. While that’s the case, it’s not exactly out of the ordinary for Republicans and Democrats to invest in heavy handed legal teams.
The 2000 race is to thank for that. The situation in Florida, with a vote close enough to warrant a recount, saw plenty of legal challenges. In the end, George W. Bush took the state, winning the electoral college vote for the nation. Democratic challenger Al Gore won the popular vote by more than 500,000, but he lost the White House.
Now, it seems political parties aren’t waiting for the results to roll in before legally challenging the process. Already, Florida Democrats have filed an emergency lawsuit for lines that had some residents waiting an upward of eight hours for “early” voting. The suit makes the case that polling places should remain open longer, in order to offer suitable conditions for citizens.
In Ohio, an emergency lawsuit was filed, alleging that voters were being instructed to fill out portions of the ballot designated for poll workers only. The claims allege that when those portions were filled out inaccurately, they were tossed out.
While the cases in Florida and Ohio are just part of the political storm, there’s a natural storm to worry about this time around, too, which could make the post-election madness even more manic. Rather than waking up to a clear victory Wednesday morning, Americans could be in store for a contested race — one that looks at more than just one state.
For those who were eager to see the end of politics with the end of election, it seems the American political storm might not end just yet.