As Election Day approaches, Puerto Rico is also preparing for a plebiscite that will coincide with the elections for their new Governor and Resident Commissioner. Lawful residents of Puerto Rico will not only vote for their political representatives, but they’ll also have the chance to decide on enhancing democracy within Puerto Rico itself. The political referendum will allow voters to select between statehood and independence (with an additional independence option that clarifies a preference for a Free Association arrangement with the U.S., similar to that of three Pacific Island nations).
Should all residents of Puerto Rico be allowed to vote?
For the 2024 referendum, only registered voters in Puerto Rico will be able to participate. The eligibility criteria are straightforward, according to the U.S. Vote Foundation.
You can vote in Puerto Rico if you:
- Are a U.S. citizen
- Reside in Puerto Rico
- Are at least 18 years old by Election Day
This mirrors the eligibility requirements in the states. Voting is restricted to those who actually reside in a state. If your official residence is in Puerto Rico but you will be away on Election Day, you may vote by absentee ballot. Individuals doing this may include — among many others — Puerto Ricans studying in the states, travelers, or Act 60 residents who only spend part of the year on the Island.
There is disagreement regarding the fairness of this approach.
“In recent years, wealthy Americans have moved to Puerto Rico to take advantage of a tax loophole that allows them to avoid capital gains taxes. Will these new residents be allowed to participate in a status referendum while our family members, who were displaced by an economic downturn and Hurricane Maria, are excluded from having their say?” wrote former city council member Maria Quiñones Sánchez in The Philadelphia Inquirer. “The PRSA doesn’t specify but does not prohibit this colonial influx from influencing the future of Puerto Rico.”
It is reasonable to question whether recent arrivals benefiting from Puerto Rico’s territorial status tax loopholes have the same interests as long-term residents. However, denying these potential voters access to the polls would be a significant challenge. No state mandates that voters demonstrate they are not outsiders before voting. Likewise, no states require voters to prove they possess good intentions. In fact, the essence of democratic voting is to ensure that anyone impacted by decisions has a voice in those decisions, regardless of differing opinions.
Should non-residents of Puerto Rico be allowed to vote?
Many advocate that Puerto Ricans living on the mainland should also have voting rights. Rep. Nydia Velazquez (D-NY) exemplifies a Congress member eager to include Puerto Ricans residing in the states in the voting process. Velazquez, born in Puerto Rico and holding statutory U.S. citizenship, would be deeply affected if Puerto Rico opted for independence and individuals born there lost their U.S. citizenship.
Countless individuals born in Puerto Rico currently reside in the states. They could face significant changes due to a shift in Puerto Rico’s status, yet may be barred from the vote determining the Island’s future political status.
Residents of one state do not have the authority to influence decisions for other states. One can envision a scenario where a person born in Hawaii moves to Ohio for work while still cherishing Hawaii. When an important election arises in Hawaii, should a native Hawaiian be able to vote? Perhaps, but they cannot.
Historically, people have never had the chance to vote in a state where they lack legal residency. If Puerto Rico’s status vote included ballots from across all states, those living on the Island could be outnumbered by non-resident voters. It’s conceivable that individuals comfortably situated in their states would opt for independence for Puerto Rico while remaining insulated from the repercussions of such choices, like access to voting representatives and federal benefits.
Numerous practical questions would also need addressing. Rep. Alexandria Ocasio-Cortez mentioned in an interview with Latino Rebels that it would be necessary to determine whether only individuals born in Puerto Rico residing in the states would be permitted to vote or if their descendants would also be included. Additionally, discussions would need to occur around how and where this voting would take place.
She highlighted the opposing side of the issue: if Puerto Ricans living outside Puerto Rico are permitted to vote, what about those residing in Puerto Rico who might not meet some definition of being Puerto Rican? The U.S. Constitution does not allow eligibility to vote based on ethnic heritage.
Perspective from all angles
For both of these inquiries, valid arguments can be presented on all sides. The prevailing option is to permit all registered voters on the Island to cast their votes, which is the strategy for 2024.
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