Is New Jersey in any state to vote tonight?

The legitimacy of the election result in New Jersey will be undermined as residents are still struggling to cope with the damage and devastation of SuperStorm Sandy.

A weary police officer sat in his squad car Monday evening, blocking passage to one of the Sayreville, New Jersey neighborhoods most severely devastated by SuperStorm Sandy. Parts of Sayreville, which sits along the Raritan River in Middlesex County, had long been accustomed to occasional flooding. But they never anticipated anything like what Sandy – not even technically a hurricane when it made landfall on Margate City, NJ, by the way - has wrought.

“Five of my colleagues lost everything, you know,” the exhausted officer – who asked not to be identified – sighed. “Their houses are totally unlivable; foundations washed out, structures corrupted.” I was not permitted to view the neighborhood, said the officer, on the ground that residents were angry about gawkers taking photos and leery of potential looters. There had been reports of miscreants swiping damaged items from  people’s front lawns, he revealed, and such people would blame the officer himself for allowing in further intruders. A homemade placard affixed to a street sign sternly warned all non-residents: “If you don't live here, stay out!!! Let us clean up. Don't take anything!!! We will call police on you.” He said Sayreville officers had just arrested several men for attempting to steal 80 gallons of gasoline from a boat that had gotten lodged in a marsh.

Garbage and debris were strewn all over town; powerlines and various infrastructure were still knocked to the ground; queues of cars clogged the main drag, because most traffic lights were offline. Assorted emergency sirens blinkered endlessly. A huge portion of the population had left town to stay with friends, relatives, or whomever.

And yet these people are supposed to vote today? That’s an absurd proposition. No election held in Sayreville – or, indeed, the whole of New Jersey – should be considered at all legitimate. I have spoken with so many people who are absolutely in no position to exercise their franchise.

Ida Pajack, who was walking outside her home in a retirement community, told me she did not know where to vote given all the flood damage, and probably would not even bother. And under normal circumstances, she always votes. “But it’s been terrible,” she said. “I’m 83, you know, and we can’t cook. Terrible.” She and her daughter, who is pregnant, remained without power or heat. (It has gotten extremely cold in the tri-state area). “She’s afraid for her little one, due in December,” Pajack told me.

Inside a darkened pizza parlor, George Dalla cooked free pies to be delivered to needy senior citizens like Pajack. Dalla, who lives in nearby Spotswood, of course had no power, and also said he would not be voting today (for Romney) due to storm-related problems. Stories like these are disturbingly common, and amount to disenfranchisement. A FEMA notice was posted in the parlor’s front window. Harry Kruschik, waiting for a pie, described his town’s vacancy thusly: “On our street, there are two neighbours on either side. All of them left.” His wife, Leona, said the powerplant she works at one town over still had no phone service. Neither planned on voting.

There was a disquieting mood about these Sayreville neighborhoods. The local right-wing talk radio station, NJ 101.5, had been hyping rumours of looting, which some residents cited as a source of anxiety. Many are now distrustful of outsiders.

“Everybody here is so discouraged about what happened,” said homeowner Ralph Bentecourt, sounding forlorn. He would have voted for Obama, but no longer plans to turn out. His entire first floor flooded, wrecking countless possessions; water-logged vinyl records sat on his back porch, looking weirdly out of place.

Bentecourt produced for me a letter dated 26 July, 2010 from Chase Home Finance LLC, which handles his mortgage, informing him that his property is “no longer located in a Special Flood Hazard Area,” and therefore he was no longer required to purchase flood insurance. So, understandably, he does not have flood insurance on his flood-damaged house. As you might imagine, voting is probably the furthest thing from Bentecourt’s (and his wife’s) mind. He is still clearing out debris. During the storm, his backyard resembled some kind of post-apocalyptic lake.

There was a sense in Sayreville that a wave of depression and stasis had only just begun to settle in. Expecting these recently-traumatised people, many of whom lost virtually everything, to prioritise voting today is simply cruel. And this is just one town. The situation across New Jersey is dire. Gasoline has been rationed; long lines to fill up are ubiquitous. The Port of Newark, a massively important trade hub, was damaged and shut down. Frigid temperatures pose additional danger. Hundreds of thousands still have no electricity.

Local officials are doing all they can under extraordinary circumstances. However: disenfranchisement is disenfranchisement. Though low turnout probably favours Romney, the outcome today will be illegitimate regardless of who wins.

A damaged house in Beach Haven, New Jersey. Photograph: Getty Images
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The problems with ending encryption to fight terrorism

Forcing tech firms to create a "backdoor" to access messages would be a gift to cyber-hackers.

The UK has endured its worst terrorist atrocity since 7 July 2005 and the threat level has been raised to "critical" for the first time in a decade. Though election campaigning has been suspended, the debate over potential new powers has already begun.

Today's Sun reports that the Conservatives will seek to force technology companies to hand over encrypted messages to the police and security services. The new Technical Capability Notices were proposed by Amber Rudd following the Westminster terrorist attack and a month-long consultation closed last week. A Tory minister told the Sun: "We will do this as soon as we can after the election, as long as we get back in. The level of threat clearly proves there is no more time to waste now. The social media companies have been laughing in our faces for too long."

Put that way, the plan sounds reasonable (orders would be approved by the home secretary and a senior judge). But there are irrefutable problems. Encryption means tech firms such as WhatsApp and Apple can't simply "hand over" suspect messages - they can't access them at all. The technology is designed precisely so that conversations are genuinely private (unless a suspect's device is obtained or hacked into). Were companies to create an encryption "backdoor", as the government proposes, they would also create new opportunities for criminals and cyberhackers (as in the case of the recent NHS attack).

Ian Levy, the technical director of the National Cyber Security, told the New Statesman's Will Dunn earlier this year: "Nobody in this organisation or our parent organisation will ever ask for a 'back door' in a large-scale encryption system, because it's dumb."

But there is a more profound problem: once created, a technology cannot be uninvented. Should large tech firms end encryption, terrorists will merely turn to other, lesser-known platforms. The only means of barring UK citizens from using the service would be a Chinese-style "great firewall", cutting Britain off from the rest of the internet. In 2015, before entering the cabinet, Brexit Secretary David Davis warned of ending encryption: "Such a move would have had devastating consequences for all financial transactions and online commerce, not to mention the security of all personal data. Its consequences for the City do not bear thinking about."

Labour's manifesto pledged to "provide our security agencies with the resources and the powers they need to protect our country and keep us all safe." But added: "We will also ensure that such powers do not weaken our individual rights or civil liberties". The Liberal Democrats have vowed to "oppose Conservative attempts to undermine encryption."

But with a large Conservative majority inevitable, according to polls, ministers will be confident of winning parliamentary support for the plan. Only a rebellion led by Davis-esque liberals is likely to stop them.

George Eaton is political editor of the New Statesman.

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