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
Photo: André Spicer
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“It’s scary to do it again”: the five-year-old fined £150 for running a lemonade stand

Enforcement officers penalised a child selling home-made lemonade in the street. Her father tells the full story. 

It was a lively Saturday afternoon in east London’s Mile End. Groups of people streamed through residential streets on their way to a music festival in the local park; booming bass could be heard from the surrounding houses.

One five-year-old girl who lived in the area had an idea. She had been to her school’s summer fête recently and looked longingly at the stalls. She loved the idea of setting up her own stall, and today was a good day for it.

“She eventually came round to the idea of selling lemonade,” her father André Spicer tells me. So he and his daughter went to their local shop to buy some lemons. They mixed a few jugs of lemonade, the girl made a fetching A4 sign with some lemons drawn on it – 50p for a small cup, £1 for a large – and they carried a table from home to the end of their road. 

“People suddenly started coming up and buying stuff, pretty quickly, and they were very happy,” Spicer recalls. “People looked overjoyed at this cute little girl on the side of the road – community feel and all that sort of stuff.”

But the heart-warming scene was soon interrupted. After about half an hour of what Spicer describes as “brisk” trade – his daughter’s recipe secret was some mint and a little bit of cucumber, for a “bit of a British touch” – four enforcement officers came striding up to the stand.

Three were in uniform, and one was in plain clothes. One uniformed officer turned the camera on his vest on, and began reciting a legal script at the weeping five-year-old.

“You’re trading without a licence, pursuant to x, y, z act and blah dah dah dah, really going through a script,” Spicer tells me, saying they showed no compassion for his daughter. “This is my job, I’m doing it and that’s it, basically.”

The girl burst into tears the moment they arrived.

“Officials have some degree of intimidation. I’m a grown adult, so I wasn’t super intimidated, but I was a bit shocked,” says Spicer. “But my daughter was intimidated. She started crying straight away.”

As they continued to recite their legalese, her father picked her up to try to comfort her – but that didn’t stop the officers giving her stall a £150 fine and handing them a penalty notice. “TRADING WITHOUT LICENCE,” it screamed.


Picture: André Spicer

“She was crying and repeating, ‘I’ve done a bad thing’,” says Spicer. “As we walked home, I had to try and convince her that it wasn’t her, it wasn’t her fault. It wasn’t her who had done something bad.”

She cried all the way home, and it wasn’t until she watched her favourite film, Brave, that she calmed down. It was then that Spicer suggested next time they would “do it all correctly”, get a permit, and set up another stand.

“No, I don’t want to, it’s a bit scary to do it again,” she replied. Her father hopes that “she’ll be able to get over it”, and that her enterprising spirit will return.

The Council has since apologised and cancelled the fine, and called on its officials to “show common sense and to use their powers sensibly”.

But Spicer felt “there’s a bigger principle here”, and wrote a piece for the Telegraph arguing that children in modern Britain are too restricted.

He would “absolutely” encourage his daughter to set up another stall, and “I’d encourage other people to go and do it as well. It’s a great way to spend a bit of time with the kids in the holidays, and they might learn something.”

A fitting reminder of the great life lesson: when life gives you a fixed penalty notice, make lemonade.

Anoosh Chakelian is senior writer at the New Statesman.