Puerto Rico: An Island with No Voice

A brief overview of Puerto Rico, its American citizens and their inability to vote

The inability of Puerto Ricans to vote in presidential elections stems from the island’s unique status as a U.S. territory and is tied to several key laws and constitutional rulings. The origins of this disenfranchisement date back to the early 20th century when Puerto Rico became a U.S. possession following the Spanish-American War. The 1898 Treaty of Paris, which ended the war, ceded Puerto Rico to the United States, but it did not address the political rights of the island’s residents. Over the next few years, a series of legal and legislative measures cemented Puerto Rico’s status as a U.S. territory, while simultaneously limiting the political rights of its residents.

One of the first major pieces of legislation affecting Puerto Ricans’ political rights was the Foraker Act of 1900. This act established a civil government in Puerto Rico, but it did not grant U.S. citizenship to Puerto Ricans or extend the full rights of the U.S. Constitution to the island. It placed Puerto Rico under the authority of the U.S. Congress, which has the power to “make all needful rules and regulations” for U.S. territories under Article IV, Section 3 of the Constitution. As a result, Puerto Rico was treated as a separate and distinct political entity, not fully integrated into the U.S. political system.

In 1917, Congress passed the Jones-Shafroth Act, which granted U.S. citizenship to Puerto Ricans. While this act was a significant step in solidifying the relationship between Puerto Rico and the United States, it still did not grant the island full political rights. Puerto Ricans were allowed to elect their own legislature and governor, but they were not given voting representation in Congress or the right to vote in presidential elections. This arrangement persists to this day and is rooted in constitutional law: under the U.S. Constitution, only states have electors in the Electoral College, which is the body that elects the president. Since Puerto Rico is a territory, it does not have electors and, therefore, its residents cannot vote for the president.

A key U.S. Supreme Court case that has shaped Puerto Rico’s political status is Balzac v. Porto Rico (1922). In this ruling, the Court held that while Puerto Ricans are U.S. citizens, they do not have the same constitutional rights as citizens living in the 50 states. The Court ruled that full constitutional protections do not automatically extend to territories unless Congress explicitly grants them. This decision reaffirmed the limited political rights of Puerto Ricans and solidified the legal distinction between states and territories in terms of voting rights.

This inability to vote in presidential elections has significant implications for Puerto Rico’s influence in the U.S. Congress and the federal government. Puerto Rico does not have voting representation in Congress, meaning the island’s delegate, known as the Resident Commissioner, can introduce legislation but cannot vote on its final passage. This severely limits Puerto Rico’s ability to influence federal policy, even though the island relies heavily on federal aid and is affected by federal laws. While Puerto Ricans can vote in presidential primaries, their lack of a vote in the general election leaves them without a voice in choosing the leaders who shape national policies.

Members of the Puerto Rico delegation cast their votes during the roll call. Joe Raedle/Getty Images

The issue of Puerto Rico’s lack of presidential voting rights has been challenged multiple times over the years. Advocates for Puerto Rican voting rights have argued that denying U.S. citizens the right to vote based solely on their residence in a territory is a violation of equal protection under the law. However, courts have consistently upheld the legal framework that excludes Puerto Ricans from voting in presidential elections. The U.S. Constitution, as it currently stands, only grants the right to vote for president to residents of the 50 states and the District of Columbia (following the 23rd Amendment in 1961, which gave D.C. residents the right to participate in presidential elections).

Additionally, Congress has not made moves to alter Puerto Rico’s status or grant it the ability to participate in presidential elections without a change in territorial status. Over the years, Puerto Rico has held several referendums on its political status, with options including statehood, independence, or maintaining the current territorial arrangement. In the most recent 2020 referendum, a narrow majority of Puerto Ricans voted in favor of statehood, 52 percent, which would grant full voting rights, including the right to vote in presidential elections. However, any change in Puerto Rico’s status would require approval from Congress, which has not taken significant action to address the results of the referendum.

The inability to vote in presidential elections has tangible impacts on Puerto Rico. For instance, during the response to Hurricane Maria in 2017, many Puerto Ricans felt that the federal government’s response was slower and less comprehensive than it would have been if the island had full representation in Congress and the ability to vote for the president. According to a George Washington University study, the hurricane resulted in nearly 3,000 deaths, and the slow federal response left many Puerto Ricans feeling like second-class citizens. Without voting power, Puerto Ricans have fewer means to hold their elected leaders accountable.

In terms of statistics, the impact of this disenfranchisement is clear. Puerto Rico’s population is larger than that of 21 U.S. states, including states like Iowa and Nevada, both of which have significant influence in presidential elections due to their early primaries and electoral votes. Yet, despite its large population, Puerto Rico has no electoral votes and no real say in the election of the president. This leaves millions of American citizens effectively voiceless in one of the most crucial political processes of the country.

The inability of Puerto Ricans to vote in presidential elections is thus rooted in a complex mix of historical, constitutional, and legal factors. While they are U.S. citizens, their status as residents of a territory, rather than a state, prevents them from fully participating in the U.S. political system. This issue continues to be a focal point in discussions about Puerto Rico’s future, with statehood seen by many as the only path to securing full voting rights for the island’s residents. Until such a change occurs, Puerto Ricans will remain disenfranchised in presidential elections, despite their significant contributions and involvement in other aspects of American life.

Personal Reflection:

The inability of Puerto Ricans to vote in U.S. presidential elections, despite being American citizens, feels like a glaring injustice that highlights the island’s complicated and marginalized status within the United States. It’s hard to fathom that over 3 million people, who contribute to the country in many ways, from serving in the military to participating in the economy, have no say in choosing the leader who sets national policies that directly affect them. This disenfranchisement not only limits Puerto Rico’s voice on critical issues but also sends a message that its residents are second-class citizens in the eyes of the federal government. For an island so deeply intertwined with the U.S., the lack of political representation feels like an ongoing remnant of colonialism.

Reflecting on this reality, I can’t help but feel a sense of urgency for change. The political and legal systems that maintain Puerto Rico’s current status seem out of step with the democratic principles that the U.S. champions globally. The more I learn about the legal barriers preventing Puerto Ricans from voting in presidential elections, the more it feels like a missed opportunity for true representation and equality. It’s time for a serious conversation about Puerto Rico’s future and for Congress to address this long-standing issue so that all American citizens, regardless of where they live, have a voice in their own governance.

I’d love to hear from you…