The eastern part of the U.S. is bracing for Hurricane Sandy, which already has the presidential candidates altering their final week appearances and is causing lots of concern about how the storm will affect voter turnout on Election Day -- and whether polling places will be open and have power!

For many years, it was believed that weather caused at least a small drop in voter turnout, especially in the northeast and midwest states, where rain or snow (even in early November) might have kept some voters away from the polls. The magnitude of this storm and its predicted long-lasting effects could cause lots of problems into next week. Many power outages are expected, with some lasting 8-10 days.  That would put us into and past Election Day if it were to happen.

Moreover, there is the natural speculation about what differential impact the storm might have.  For example, most of the affected states are in the northeast, which have tended to support Democratic candidates (NY, PA).  For those states in the east that have early voting, it could be argued that more voters who tend to be Republican party supporters use early voting opportunities (although it depends on the state).  If both are true, this could help Mitt Romney.

I am not aware of any provisions that would allow states to extend Election Day past Tuesday, November 6.  While there are many early voting provisions, I'm not sure what legal authority a state would have that would extend Election Day beyond the U.S. Constitution's "first Tuesday after the first Monday in November" provision.

It's already been an interesting campaign this year. We now have something else to talk about -- stormy weather!

John Klemanski



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