Could the Lights Go Out on Voter Confidence?
While PG&E insists that it has collaborated closely with election officials to avoid disruption, the potential risk to voting access is real. California’s public utilities like PG&E have a legal obligation to ensure that essential services, especially in emergency situations like Election Day, remain functional. However, the PSPS process raises significant legal questions about the rights of Californians to uninterrupted access to voting stations on such a critical day.
And that’s where the legal debate kicks in. Election integrity lawyers are already watching this situation closely. The crux of their concern is whether voters’ rights under the U.S. Constitution to free and fair elections could be undermined by power cuts, even if intended for public safety.
The Insurance Angle: Are Power Cuts ‘Force Majeure’?
This isn’t just a legal issue; it’s an insurance one too. Many businesses, including those setting up temporary polling facilities, carry insurance policies with clauses known as “force majeure” that cover unexpected events. Power shutoffs, especially planned ones, can blur the lines of liability, particularly if they’re found to have interfered with a protected activity like voting. So, who picks up the tab if Election Day blackouts disrupt polling activities?
It’s a tough question, and one that could have far-reaching implications for both insurance claims and state accountability.
“On an Election Day, a power shutdown isn’t just a flick of a switch — it’s potentially flicking off access to democracy. Voters deserve certainty, not blackout roulette.” – Samuel Lopez
