Rutgers–Newark Law School Releases Report Criticizing Emergency Voting After Superstorm Sandy

As the second anniversary of Superstorm Sandy approaches, the Constitutional Rights Clinic at Rutgers School of Law–Newark released a report today that discusses how emergency measures used by New Jersey in the wake of the storm left New Jersey votes vulnerable to hacking.

The report, titled “The Perfect Storm: Voting in New Jersey in the Wake of Superstorm Sandy,” can be found at www.law.newark.rutgers.edu/files/RutgerLawHurricaneSandyReport.pdf.

The 2014 National Climate Assessment Report made clear that New Jersey is exceptionally vulnerable to flooding as sea levels continue to rise in the Northeast, and the State’s infrastructure will be increasingly compromised by climate-related hazards. The Rutgers report urges New Jersey to adopt secure emergency voting procedures in the event of future natural disasters.

After Superstorm Sandy hit, 2.4 million homes and businesses in the state were without power, 161,000 families were displaced, and 346,000 homes were damaged or destroyed. Following Sandy, which occurred a week before Election Day, New Jersey issued a directive permitting displaced voters to vote by fax and email through the Internet, even though New Jersey law does not permit Internet voting. This directive increased the chaos clerks experienced in trying to run the election. According to the Pew Charitable Trusts, New Jersey ranked 37th in the nation for the poor way it ran the 2012 election.

The Rutgers report discusses how the emergency directive violated state law prohibiting Internet voting. “Although emergency action was warranted, Internet and email voting was not the solution,” said Clinical Professor Penny Venetis, co-director of the Constitutional Rights Clinic. “New York, which suffered similar serious devastation in Sandy’s wake, declined to incorporate Internet voting in its emergency voting measures, citing security concerns. New York urged New Jersey to do the same, to no avail,” Venetis added.

While some groups have pushed for the implementation of Internet voting, this report clearly illustrates that Internet voting should never be an option, said Venetis, especially in emergency situations. As the report points out, successful hacks have taken place in elections that permitted Internet voting, including the 2013 Paris mayoral election, a Washington, D.C. pilot election, and a 2012 Florida Primary Election.

For more information on the report, contact Professor Venetis at 973-353-3240 or pennyv@kinoy.rutgers.edu.