Voting rights in Puerto Rico
Encyclopedia
Voting rights of United States citizens in Puerto Rico, like the voting rights of other United States territories, differ from those of United States
citizens in each of the fifty states and the District of Columbia
. Residents of Puerto Rico
and other U.S. territories do not have voting representation in the United States Congress
, and are not entitled to electoral votes for President
. The United States Constitution
grants congressional voting representation to U.S. state
s, which Puerto Rico and other U.S. territories are not, specifying that members of Congress
shall be elected by direct popular vote and that the President
and the Vice President
shall be elected by electors chosen by the States.The Constitution originally mandated election by popular vote only for the House of Representatives, with Senators being chosen by State legislatures. The 17th amendment
specified direct popular election for Senators. The 23rd Amendment
extended the right to choose electors to Washington, D.C.
, the nation's capital city
.
Puerto Rico is a territory under the sovereignty of the federal government, but is not part of any state. It has been organized (given a measure of self-rule
by the Congress) subject to the Congress’ plenary powers under the territorial clause of Article IV, sec. 3, of the U.S. Constitution. In the U.S. House of Representatives, Puerto Rico is entitled to a Resident Commissioner, a delegate who is not allowed to vote on the floor of the House, but can vote on procedural matters and in House committees
. In most other U.S. overseas (and historically pre-state) territories, a similar representative position is styled Delegate
.
The lack of voting representation in Congress for residents of the territory has been an issue since the U.S. Congress granted the U.S. Citizenship to Puerto Rico citizens in 1917. All judicial claims have been met with political or constitutional challenges; therefore, there has been no change in Puerto Rico representation in the Congress or representation on the electoral college to the U.S. Citizens residing in Puerto Rico.
is an insular area
— a United States
territory that is neither a part of one of the fifty states
nor a part of the District of Columbia, the nation's federal district
. Insular areas, including Puerto Rico, the U.S. Virgin Islands and Guam
, are not allowed to choose electors in U.S. presidential elections or elect voting members of the U.S. Congress. This grows out of Articles One
and Two
of the United States Constitution
, which state that electors are to be chosen by "the People of the several States." In 1961, the 23rd amendment
extended the right to choose electors to the District of Columbia
; the insular areas, however, were not addressed in that Amendment.
of the Organization of American States
concluded that the United States is responsible for violations of the District of Columbia's rights under Articles II and XX of the American Declaration of the Rights and Duties of Man
by denying District of Columbia citizens
an effective opportunity to participate in their federal legislature
. On October 17, 2006, Pedro Rossello
, a former governor of Puerto Rico, and the Unfinished Business of American Democracy Committee on behalf of approximately four millions U.S. Citizens resident in the Commonwealth of Puerto Rico, presented a petition to the Inter-American Commission on Human Rights of the Organization of American States seeking the Commission's aid in obtaining enfranchisement.
or not) is effectively disenfranchised at the national level, as are all U.S. citizen residents of U.S. territories
. Although the Republican Party and Democratic Party chapters in Puerto Rico have selected voting delegates to the national nominating conventions participating on U.S. Presidential Primaries or Caucuses, U.S. citizens not residing in one of the 50 States or in the District of Columbia may not vote in Federal elections.
Both the Puerto Rican Independence Party
and the New Progressive Party
outright reject the status quo that permits disfranchisement (from their distinct respective positions on the ideal enfranchised status for the island-nation of Puerto Rico). The remaining political organization, the Popular Democratic Party
, is less active in its opposition of this case of disenfranchisement but has officially stated that it favors fixing the remaining "deficits of democracy" that the Bill Clinton
and George W. Bush
Administrations have publicly recognized in writing through reports of the President's Task Force on Puerto Rico's Status
.
Various scholars (including a prominent U.S. judge in the United States Court of Appeals for the First Circuit) conclude that the U.S. national-electoral process is not fully democratic due to U.S. Government disenfranchisement of U.S. citizens residing in Puerto Rico.
The appeals court decision in 2005, on appeal of the decision in the third filing of the case, reads in part:
Judges Campbell and Lipez concurred in the decision. Judge Torruella dissented, opening his dissent as follows:
The panel is unanimous in agreeing that the U.S. Constitution does not give Puerto Rico residents the right to vote for members of the House of Representatives because Puerto Rico is not a state.
Chief Judge Lynch and Judge Lipez conclude that this panel is bound by Igartúa III's holding that the Constitution does not permit granting such a right to the plaintiffs by means other than those specified for achieving statehood or by amendment. Chief Judge Lynch independently concludes that this holding in Igartúa III is correct. Judge Lipez considers the panel bound by this holding in Igartúa III, but he does not express a view of his own on its merit. Chief Judge Lynch and Judge Lipez agree that Igartúa III requires dismissal of plaintiffs' claims based on treaties and international law. Judge Lipez joins the holding that dismissal of the case is affirmed. He joins this introduction, the introduction to Section II, Sections II.A, II.B, and II.C.1, and Section III of Chief Judge Lynch's opinion. He expresses additional views in his concurring opinion.
Judge Torruella dissents and is of the view that the constitutional text neither denies citizens of Puerto Rico the right to vote for members of the House of Representatives nor imposes a limitation on the federal government's authority to extend the franchise to territorial residents under other constitutional powers.
Lipez, Open his concurrence opinion as follows:
Lipez, On his concurrence opinion on a section of The Constitutional Argument indicate:
Torruella open his Opinion Concurring in Part and Dissenting in Part opening as follows:
In 1961, just a few years after the United Nations first ratified the ICCPR, it passed the Twenty-third Amendment to the United States Constitution
to allow the United States citizens who reside in the District of Columbia to vote for the Executive offices. a bill was pending in Congress that would treat the District of Columbia as “a congressional district for purposes of representation in the House of Representatives,” and permit United States citizens residing in the capitol to vote for members of the House of Representatives. However, the United States has not taken similar steps with regard to the five million United States citizens who reside in the U.S. territories, of which close to four million are residents of Puerto Rico. In an opinion concurring in part and dissenting in part in in a judicial decision, Puerto Rican jurist Juan R. Torruella
wrote that this inaction is in clear violation of the United States' obligations under the ICCPR.).
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
citizens in each of the fifty states and the District of Columbia
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
. Residents of Puerto Rico
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
and other U.S. territories do not have voting representation in the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
, and are not entitled to electoral votes for President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
. The United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
grants congressional voting representation to U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
s, which Puerto Rico and other U.S. territories are not, specifying that members of Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
shall be elected by direct popular vote and that the President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
and the Vice President
Vice President of the United States
The Vice President of the United States is the holder of a public office created by the United States Constitution. The Vice President, together with the President of the United States, is indirectly elected by the people, through the Electoral College, to a four-year term...
shall be elected by electors chosen by the States.The Constitution originally mandated election by popular vote only for the House of Representatives, with Senators being chosen by State legislatures. The 17th amendment
Seventeenth Amendment to the United States Constitution
The Seventeenth Amendment to the United States Constitution established direct election of United States Senators by popular vote. The amendment supersedes Article I, § 3, Clauses 1 and 2 of the Constitution, under which senators were elected by state legislatures...
specified direct popular election for Senators. The 23rd Amendment
Twenty-third Amendment to the United States Constitution
The Twenty-third Amendment to the United States Constitution permits citizens in the District of Columbia to vote for Electors for President and Vice President. The amendment was proposed by Congress on June 17, 1960, and ratified by the states on March 29, 1961...
extended the right to choose electors to Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
, the nation's capital city
Capital City
Capital City was a television show produced by Euston Films which focused on the lives of investment bankers in London living and working on the corporate trading floor for the fictional international bank Shane-Longman....
.
Puerto Rico is a territory under the sovereignty of the federal government, but is not part of any state. It has been organized (given a measure of self-rule
Self-governance
Self-governance is an abstract concept that refers to several scales of organization.It may refer to personal conduct or family units but more commonly refers to larger scale activities, i.e., professions, industry bodies, religions and political units , up to and including autonomous regions and...
by the Congress) subject to the Congress’ plenary powers under the territorial clause of Article IV, sec. 3, of the U.S. Constitution. In the U.S. House of Representatives, Puerto Rico is entitled to a Resident Commissioner, a delegate who is not allowed to vote on the floor of the House, but can vote on procedural matters and in House committees
United States Congressional committee
A congressional committee is a legislative sub-organization in the United States Congress that handles a specific duty . Committee membership enables members to develop specialized knowledge of the matters under their jurisdiction...
. In most other U.S. overseas (and historically pre-state) territories, a similar representative position is styled Delegate
Delegate (United States Congress)
A delegate to Congress is a non-voting member of the United States House of Representatives who is elected from a U.S. territory and from Washington, D.C. to a two-year term. While unable to vote in the full House, a non-voting delegate may vote in a House committee of which the delegate is a member...
.
The lack of voting representation in Congress for residents of the territory has been an issue since the U.S. Congress granted the U.S. Citizenship to Puerto Rico citizens in 1917. All judicial claims have been met with political or constitutional challenges; therefore, there has been no change in Puerto Rico representation in the Congress or representation on the electoral college to the U.S. Citizens residing in Puerto Rico.
Background
Puerto RicoPuerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
is an insular area
Insular area
An insular area is a United States territory, that is neither a part of one of the fifty U.S. states nor the District of Columbia, the federal district of the United States...
— a United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
territory that is neither a part of one of the fifty states
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
nor a part of the District of Columbia, the nation's federal district
Federal district
Federal districts are a type of administrative division of a federation, under the direct control of a federal government. They exist in various countries and states all over the world.-United States:...
. Insular areas, including Puerto Rico, the U.S. Virgin Islands and Guam
Guam
Guam is an organized, unincorporated territory of the United States located in the western Pacific Ocean. It is one of five U.S. territories with an established civilian government. Guam is listed as one of 16 Non-Self-Governing Territories by the Special Committee on Decolonization of the United...
, are not allowed to choose electors in U.S. presidential elections or elect voting members of the U.S. Congress. This grows out of Articles One
Article One of the United States Constitution
Article One of the United States Constitution describes the powers of Congress, the legislative branch of the federal government. The Article establishes the powers of and limitations on the Congress, consisting of a House of Representatives composed of Representatives, with each state gaining or...
and Two
Article Two of the United States Constitution
Article Two of the United States Constitution creates the executive branch of the government, consisting of the President and other executive officers.-Clause 1: Executive power:...
of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
, which state that electors are to be chosen by "the People of the several States." In 1961, the 23rd amendment
Twenty-third Amendment to the United States Constitution
The Twenty-third Amendment to the United States Constitution permits citizens in the District of Columbia to vote for Electors for President and Vice President. The amendment was proposed by Congress on June 17, 1960, and ratified by the states on March 29, 1961...
extended the right to choose electors to the District of Columbia
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
; the insular areas, however, were not addressed in that Amendment.
Inter-American Commission on Human Rights Claim
On December 29, 2003, The Inter-American Commission on Human RightsInter-American Commission on Human Rights
The Inter-American Commission on Human Rights is an autonomous organ of the Organization of American States .Along with the...
of the Organization of American States
Organization of American States
The Organization of American States is a regional international organization, headquartered in Washington, D.C., United States...
concluded that the United States is responsible for violations of the District of Columbia's rights under Articles II and XX of the American Declaration of the Rights and Duties of Man
American Declaration of the Rights and Duties of Man
The American Declaration of the Rights and Duties of Man was the world's first international human rights instrument of a general nature, predating the Universal Declaration of Human Rights by less than a year....
by denying District of Columbia citizens
Citizenship in the United States
Citizenship in the United States is a status given to individuals that entails specific rights, duties, privileges, and benefits between the United States and the individual...
an effective opportunity to participate in their federal legislature
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
. On October 17, 2006, Pedro Rossello
Pedro Rosselló
Pedro Juan Rosselló González, M.D., , is a Puerto Rican physician and politician who served as the sixth Governor of the Commonwealth of Puerto Rico from 1993 to 2001...
, a former governor of Puerto Rico, and the Unfinished Business of American Democracy Committee on behalf of approximately four millions U.S. Citizens resident in the Commonwealth of Puerto Rico, presented a petition to the Inter-American Commission on Human Rights of the Organization of American States seeking the Commission's aid in obtaining enfranchisement.
Perceptions of disenfranchisement in Puerto Rico
Any U.S. citizen who resides in Puerto Rico (whether a Puerto RicanPuerto Rican people
A Puerto Rican is a person who was born in Puerto Rico.Puerto Ricans born and raised in the continental United States are also sometimes referred to as Puerto Ricans, although they were not born in Puerto Rico...
or not) is effectively disenfranchised at the national level, as are all U.S. citizen residents of U.S. territories
United States territory
United States territory is any extent of region under the jurisdiction of the federal government of the United States, including all waters including all U.S. Naval carriers. The United States has traditionally proclaimed the sovereign rights for exploring, exploiting, conserving, and managing its...
. Although the Republican Party and Democratic Party chapters in Puerto Rico have selected voting delegates to the national nominating conventions participating on U.S. Presidential Primaries or Caucuses, U.S. citizens not residing in one of the 50 States or in the District of Columbia may not vote in Federal elections.
Both the Puerto Rican Independence Party
Puerto Rican Independence Party
The Puerto Rican Independence Party is a Puerto Rican political party that campaigns for the independence of Puerto Rico from United States suzerainty....
and the New Progressive Party
New Progressive Party of Puerto Rico
The New Progressive Party of Puerto Rico is a political party that advocates for Puerto Rico's admission to the United States of America as the 51st state...
outright reject the status quo that permits disfranchisement (from their distinct respective positions on the ideal enfranchised status for the island-nation of Puerto Rico). The remaining political organization, the Popular Democratic Party
Popular Democratic Party of Puerto Rico
The Popular Democratic Party of Puerto Rico is a political party that supports Puerto Rico's right to self-determination and sovereignty, through the enhancement of Puerto Rico's current status as a commonwealth....
, is less active in its opposition of this case of disenfranchisement but has officially stated that it favors fixing the remaining "deficits of democracy" that the Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
and George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
Administrations have publicly recognized in writing through reports of the President's Task Force on Puerto Rico's Status
President's Task Force on Puerto Rico's Status
The mission of the President’s Task Force on Puerto Rico’s Status is to provide options for Puerto Rico’s future status and relationship with the Government of the United States....
.
Various scholars (including a prominent U.S. judge in the United States Court of Appeals for the First Circuit) conclude that the U.S. national-electoral process is not fully democratic due to U.S. Government disenfranchisement of U.S. citizens residing in Puerto Rico.
The appeals court decision in 2005, on appeal of the decision in the third filing of the case, reads in part:
Judges Campbell and Lipez concurred in the decision. Judge Torruella dissented, opening his dissent as follows:
Igartua IV - GREGORIO IGARTÚA ET AL v. UNITED STATES OF AMERICA ET AL, November 24, 2010
Plaintiff Gregorio Igartúa and others have brought suit claiming they and other U.S. citizen-residents of Puerto Rico have a right to vote for a Representative to the U.S. House of Representatives from Puerto Rico and a right to have Representatives from Puerto Rico in that body. Long ago, residents of Puerto Rico were granted U.S. citizenship by statute. See Pub.L. No. 368, ch. 145, § 5, 39 Stat. 951 (1917).The panel is unanimous in agreeing that the U.S. Constitution does not give Puerto Rico residents the right to vote for members of the House of Representatives because Puerto Rico is not a state.
Chief Judge Lynch and Judge Lipez conclude that this panel is bound by Igartúa III's holding that the Constitution does not permit granting such a right to the plaintiffs by means other than those specified for achieving statehood or by amendment. Chief Judge Lynch independently concludes that this holding in Igartúa III is correct. Judge Lipez considers the panel bound by this holding in Igartúa III, but he does not express a view of his own on its merit. Chief Judge Lynch and Judge Lipez agree that Igartúa III requires dismissal of plaintiffs' claims based on treaties and international law. Judge Lipez joins the holding that dismissal of the case is affirmed. He joins this introduction, the introduction to Section II, Sections II.A, II.B, and II.C.1, and Section III of Chief Judge Lynch's opinion. He expresses additional views in his concurring opinion.
Judge Torruella dissents and is of the view that the constitutional text neither denies citizens of Puerto Rico the right to vote for members of the House of Representatives nor imposes a limitation on the federal government's authority to extend the franchise to territorial residents under other constitutional powers.
Lipez, Open his concurrence opinion as follows:
Lipez, On his concurrence opinion on a section of The Constitutional Argument indicate:
Torruella open his Opinion Concurring in Part and Dissenting in Part opening as follows:
In 1961, just a few years after the United Nations first ratified the ICCPR, it passed the Twenty-third Amendment to the United States Constitution
Twenty-third Amendment to the United States Constitution
The Twenty-third Amendment to the United States Constitution permits citizens in the District of Columbia to vote for Electors for President and Vice President. The amendment was proposed by Congress on June 17, 1960, and ratified by the states on March 29, 1961...
to allow the United States citizens who reside in the District of Columbia to vote for the Executive offices. a bill was pending in Congress that would treat the District of Columbia as “a congressional district for purposes of representation in the House of Representatives,” and permit United States citizens residing in the capitol to vote for members of the House of Representatives. However, the United States has not taken similar steps with regard to the five million United States citizens who reside in the U.S. territories, of which close to four million are residents of Puerto Rico. In an opinion concurring in part and dissenting in part in in a judicial decision, Puerto Rican jurist Juan R. Torruella
Juan R. Torruella
Juan R. Torruella is a Puerto Rican jurist, who currently serves as a judge on the United States Court of Appeals for the First Circuit. He is the first and to date only Hispanic to serve in that court.-Education:...
wrote that this inaction is in clear violation of the United States' obligations under the ICCPR.).
See also
- Voting rights in the United StatesVoting rights in the United StatesThe issue of voting rights in the United States has been contentious throughout the country's history. Eligibility to vote in the U.S. is determined by both Federal and state law. Currently, only citizens can vote in U.S. elections . Who is a citizen is governed on a national basis by Federal law...
- Uniformed and Overseas Citizens Absentee Voting ActUniformed and Overseas Citizens Absentee Voting ActThe Uniformed and Overseas Citizens Absentee Voting Act is a United States federal law dealing with elections and voting rights for United States citizens residing overseas. The act requires that all U.S. states, the District of Columbia, Puerto Rico, Guam, American Samoa, and the U.S. Virgin...
- District of Columbia voting rightsDistrict of Columbia voting rightsVoting rights of citizens in the District of Columbia differ from those of United States citizens in each of the fifty states. District of Columbia residents do not have voting representation in the United States Senate, but D.C. is entitled to three electoral votes for President. In the U.S...