Plebecitos de Puerto Rico

Since 1967, seven referendums have been conducted in Puerto Rico to gauge the public’s preferred relationship with the United States. This connection is often referred to as Puerto Rico’s “political status.”

The seven political status referenda in Puerto Rico – known as plebiscites – occurred in 1967, 1993, 1998, 2012, 2017, 2020, and 2024.

Currently, Puerto Rico continues to exist as a U.S. territory. According to the U.S. Constitution, there are two alternative political status options for Puerto Rico: it could achieve statehood like Hawaii or become a fully independent nation similar to the Philippines.

In recent times, the status of Puerto Rico as a U.S. territory has faced heightened examination.

Congress possesses the authority to terminate Puerto Rico’s territorial designation by simply passing a corresponding law.

However, before doing so, Members of Congress usually seek to understand the sentiments of Puerto Ricans regarding their options for status.

This is where the plebiscites play a crucial role.

Plebiscite outcomes

The chart below illustrates that the plebiscites can be quite complex. Over the years, there have been diverse perspectives within Puerto Rico on how to construct a plebiscite ballot. The ongoing discussions generally concentrate on which status choices to present on the ballot and how to clarify those choices.

1967 1993 1998 2012 2017 2020 2024
Independence 0.6% 4.4% 2.5% 5.5% 1.5% NA 31%
Commonwealth 60.4% 48.6% 0.06% NA 1.3% NA NA
Free Association NA NA 0.29% 33.3% 1.5% NA 12%
Statehood 39% 46.3% 46.5% 61.2% 97.2% 52.52% 57%
None of the above NA NA 50.3% NA NA 47.48% NA

The 2024 ballot featured the three choices specified in the Puerto Rico Status Act: statehood, independence, and sovereign free association. Free Association essentially entails independence for a small island nation along with a substantial U.S. military presence and the allowance of visa-free travel for its citizens.

The 2020 election was a clear “statehood-yes-or-no” referendum. 52.52% of participants supported statehood; 47.48% opted for the “anything other than statehood” choice—this option consolidated supporters of independence (with or without a free association clause) and those preferring the existing territorial status into a singular choice to express their preference.

The 2017 ballot responded to a statement from the Justice Department and amalgamated independence and independence with free association into a single option for the electorate. This ballot also included the “current territorial status/actual estatus territorial” choice—sometimes called “commonwealth,” which received 1.35% of the votes cast.

The 2012 referendum had two components. Initially, it asked respondents if they wished to preserve Puerto Rico’s “current form of territorial status.” That option faced rejection by a 54-46 margin. In a second question, 61.3% preferred statehood from the three offered alternatives, while 33.2% favored free association and 5.5% backed independence. The U.S. Department of Justice later raised concerns about the way free association was presented as a status option without explicit clarification that voting for “Free Association” implies complete and unrestricted independence.

Independence

Support for independence has historically been minimal in Puerto Rico’s plebiscite elections. The highest level of support it received before 2024 was 5.5%. The latest figure of 31% signifies a dramatic rise for this option, yet it continues to lag significantly behind statehood.

The potential loss of U.S. citizenship in an independent Puerto Rico is considered a fundamental reason for the lack of popularity of the Independence option. Efforts by separatists to assert that Puerto Ricans could retain U.S. citizenship in an independent Puerto Rico is deemed highly unlikely.

Puerto Ricans were granted U.S. citizenship through a federal law in 1917. In the 50 states, individuals are assured U.S. citizenship at birth as per the U.S. Constitution. This constitutional guarantee is more robust compared to citizenship extended through basic federal legislation, which can be modified with a mere majority vote in Congress.

A significant number of Puerto Rican voters express concern about the possibility of forfeiting their U.S. citizenship if Puerto Rico transitions from a U.S. territory to an independent nation.

What Will Happen to U.S. Citizenship in a New Nation of Puerto Rico? The Word from Washington

Free association

As an independent sovereign state, Puerto Rico could establish bilateral agreements with the U.S.

There are three sparsely populated island nations in the Pacific that have relinquished military and national security authority to the U.S. in exchange for minimal, temporary economic aid and the ability for their citizens to travel and work in the U.S. visa-free. These bilateral agreements, which can be terminated by either party at any time, are known as compacts of free association.

No existing compact of free association extends U.S. citizenship, and officials in Washington have made it clear that they cannot guarantee U.S. citizenship for a sovereign Puerto Rico.

Free association fundamentally involves independence. At their core, both options constitute sovereignty for Puerto Rico. This was highlighted in the 2017 plebiscite, which presented free association and independence as a combined option.

Free association has also been proposed as an independent choice on plebiscite ballots, separate from independence.

In 1998, free association garnered .3% of the vote, while independence received 2.6% of the votes.

In 2012, in a two-part ballot, 53.97% voted to abolish Puerto Rico’s territorial status. In the subsequent question, over 60% selected statehood, 33.34% chose free association, and 5.49% opted for independence. The heightened interest in free association from 1998 to 2012 correlates with the increasing misconception in Puerto Rico that U.S. citizenship would remain secure under a free association arrangement.

In 2024, the sovereign free association choice received 12% of the votes.

A free association agreement can be canceled by either party at any time, undermining even the most optimistic predictions of maintaining U.S. citizenship in a sovereign Puerto Rico.

Statehood

Support for statehood has grown over the years, increasing from 39% in 1967 to 97.2% in 2017. Most recently, statehood achieved 52.52% in the 2020 plebiscite and 57% in 2024.

The last four votes – in 2012, 2017, 2020, and 2024 – all resulted in statehood being the leading preference. Each vote was validated by the Puerto Rico State Election Commission.

The appeal of statehood is, in part, due to the fact that U.S. citizenship under statehood is guaranteed by the U.S. Constitution.

The Puerto Rico Status Act specifies that under the statehood choice, “U.S. citizenship for those born in Puerto Rico is recognized, protected, and secured under the U.S. Constitution in the same manner as for all U.S. citizens born in other States.”

The other two choices presented on the Act’s recommended ballot – independence and sovereign free association – lack similar language affirming, protecting, or securing U.S. citizenship for Puerto Rico’s populace.

Commonwealth

Commonwealth has historically posed a significant obstacle to resolving Puerto Rico’s status. The term “commonwealth” bears various meanings for different individuals and continues to evolve.

“Commonwealth” obtained a majority in 1967, when it was broadly interpreted in Puerto Rico to signify an “enhanced commonwealth” endowed with numerous new privileges—an outdated concept that all three branches of the federal government have deemed unconstitutional and unfeasible.

“Commonwealth” achieved a slim plurality in 1993, yet Congress could not act on that vote, as the term was again defined in a manner that was unconstitutional.

The interpretation of “commonwealth” on the 1967 ballot differs from the “commonwealth” option put forth to Puerto Rican voters in 1993.

In 2011, the official nonpartisan research body of Congress – the Congressional Research Service (CRS) – clearly illustrated this point in a chart detailing the history of Puerto Rico’s plebiscites, incorporating footnotes to explain the differing “commonwealth” options available throughout the years.

Recently, the Department of Justice (DOJ) has indicated that a plebiscite ballot should feature a “commonwealth” option, using the term to denote the island’s current territorial status. However, the DOJ has never endorsed the concept of an expanded “enhanced commonwealth.” Over the decades, members of Congress and U.S. Presidents from both major political parties have consistently stated that a “developed” or “enhanced” commonwealth has no place on a plebiscite ballot.

Updated on November 13, 2024

The article titled Puerto Rico’s Plebiscites appeared first on PUERTO RICO REPORT.

Related Post