Rossello v. United States and the Right to Vote for Puerto Rico

During a week in which we celebrate the American colonies for seeking independence in large part due to denial of representation in the British parliament, it’s time for us to have a candid conversation about voting rights in our own present day “colonies”, starting with the American territory of Puerto Rico.

Brought in the Inter-American Commission on Human Rights  by former governor of Puerto Rico Pedro Rossello, Rossello v. United States addresses the lack of a right to cast a ballot and have such ballots counted in national elections for president and Congress by residents of Puerto Rico. Petitioner Rossello has been disenfranchised, along with all other residents of Puerto Rico, despite his American citizenship,  based solely on his area of residence within the United States. Currently, any American moving their residence to Puerto Rico would similarly be disenfranchised. This glaring discrimination against United States citizens living in Puerto Rico cannot be allowed to continue under international law and FairVote fully supports Rossello in his efforts.

The United States government is improperly denying the ability to vote to at least 3.7 million of its citizens in stating that the Resident Commission non-voting member of Congress is sufficient to address Puerto Rico’s needs. It is simply not reasonable to believe that one non-voting representative to Congress is equivalent to two senators, approximately six members of the House of Representatives, and  a vote for the  president and a vice president. The residents of Puerto Rico are being systematically disenfranchised and relegated to second class citizenship by their own government.

Puerto Rico’s current disenfranchised status is not acceptable. Unemployment in Puerto Rico is over 16% - grotesquely high even in an area where unemployment is always higher than that of the mainland. Residents of Puerto Rico pay the same social security and Medicaid taxes as mainlanders; however, they generally receive about 93% less in Medicaid coverage, something many believe is due to Puerto Rico’s inability to lobby for itself in Congress. Puerto Rico is hemorrhaging over 35,000 people a year and those who do leave are usually the highest educated, highly skilled, young, and Republican. In short, not having a voice at the national level is having a real effect on four million American lives.  

Failing to provide basic suffrage rights to Puerto Rico is particularly ironic in a time of way when Puerto Rican Americans serve in our armed services at higher rates than most of our states. Petitioner claims that no other area of the United States suffered so many casualties of war prior to becoming a state as Puerto Rico has, or had more decorated and high ranking service members. Puerto Rican soldiers can be ordered into battle by a Commander in Chief for whom they have no power to vote. 

 

And yet all evidence demonstrates that Puerto Ricans greatly value suffrage rights. Voter turnout in election for governor of Puerto Rico are higher than the gubernatorial election of any governor in the United States. In fact, 81% of the 2.4 million registered voters went to the polls in 2004, and Puerto Ricans make Election Day a holiday for their elections. 

Voting rights in other American "colonies" differ. The phrase “the Constitution does not follow the flag” is often tossed around during this conversation to justify the varying levels of right in territories held by the United States. Additionally, “territory” is a broad term. For example, Americans living in American Samoa are U.S. nationals, but not U.S. citizens. The U.S. Virgin Islands require American citizens from the mainland to go through customs. Guam’s constitutional has never been approved by the Unites States Congress. People with residence in any territory, including Guam, the Virgin Islands, the Northern Mariana Islands and American Samoa all have no right to vote for national representatives, in the form of a voting member of Congress or a elector vote for the U.S. President.

The political leaders of an American territory should not have to sue their own country in an international court in order to be heard as full citizens. But the series of cases controlling Puerto Rico’s status are racist (written by the same court as Plessy v. Ferguson) and a national embarrassment. Under the current system, without a right to vote in the national government, the discrimination against American citizens living in its  colonies/territories will continue. For that reason, FairVote supports the efforts of Rossello on behalf the 3.7 million disenfranchised Puerto Ricans in his attempt to gain the voting right he is due as an American citizen. 

President Obama’s recent  visit to Puerto Rico was the first such state visit since one by President John Kennedy, and even that first-in-a-half-century visit was seen by many analysts as primarily a means to raise campaign funds and appeal to Puerto Ricans living in the continental United States. The president's pledge to support the will of Puerto Ricans should they vote on statehood again ("When the people of Puerto Rico make a clear decision, my administration will stand by you.") is welcome—but no substitute for immediately seeking means to address the broader problem of how we treat American citizens living in Puerto Rico. 

 

 

Comments currently closed for Rossello v. United States and the Right to Vote for Puerto Rico

• very true! Puerto Ricans need to get their rights! we go overseas fighting for the types of democratic freedom that we ourselves deny to our people and our american citizens living in American Soil! that isn't acceptable!
  Posted by Kevin, 2011-07-12 05:25:46 (2 years ago)
• Dear Representative: I’m a 44 years old US citizen who resides in Puerto Rico. I’m not a politician; I’m a woman, a wife, a mother, a professional… a common citizen. For hundred of years the people of Puerto Rico have heard from the different Presidents and Congressmen that the United States of America believes that the four million disenfranchised American citizens residing in Puerto Rico have the right to a permanent and fully democratic status of their choice. Now, that next week the US Representatives will have under consideration the H.R. 2499 (PR Democracy Act of 2009) to provide for a federally sanctioned self-determination process for the people of Puerto Rico, again I’m asking myself if you are going to help the Puerto Rican people solve what I understand is our nowadays biggest problem - the solution of the Puerto Rico’s status – enabling Puerto Ricans to choose among realistic options. The following arguments have been heard for years by the people of Puerto Rico and are very similar to those of millions of Puerto Ricans who believe in the US Nation: 1. That the American history is the story of a diverse people striving to realize our ideals: a common dream of equality, and opportunity, freedom and community. That you believe in a better America, more equal, more free, more American. I have always believed that the US Nation is based in the diversity of races, cultures, political and religious believes… and that these are the most important components of what the words equality and freedom mean for most of the American people… except for the approximately four millions of Puerto Ricans who resides in this 100 x 35 Island. Equality? Freedom? Do you really think that we, the people of Puerto Rico, can feel more equal, freer, more American, when we don’t have the same rights as Puerto Ricans who resides in the Mainland? 2. That your commitment to civil rights is ironclad. I hope that your commitment to civil rights doesn’t be another promise. You have to know that you have four million of American citizens whose rights are transgressed with every sunset, only because we don’t reside in the Mainland; and that we will continue fighting to obtain the equality that we deserve. 3. That US is a nation of immigrants, and from Arab-Americans in California to Latinos in Florida, we share the dream of a better life in the country we love. “I have a dream…” I’m sure you have read and heard these words, because they are part of the US Nation history. Let me re-use some of the words of the August 28, 1963, Marthin Luther King’s speech to dramatize my dream and the dream of millions of Puerto Ricans: “But one hundred years later, the Puerto Ricans still are not free. One hundred years later, the life of the Puerto Ricans is still sadly crippled by the manacles of segregation and the chains of discrimination. One hundred years later, the Puerto Ricans live on a lonely island of poverty in the midst of a vast ocean of material prosperity. One hundred years later, the Puerto Ricans are still languished in the corners of American society and find themselves an exile in his own land. And so I come here today to dramatize a shameful condition”. Forty-seven years ago, Marthin Luther King, Jr., had a dream… Nowadays, I have a dream, too… 4. That voting is the foundation of democracy, a central act of civic engagement, and an expression of equal citizenship. Voting rights are important precisely because they are protective of all other rights. Puerto Ricans have been statutory US citizens since 1917. As I’m sure you know, that means that our future US citizenship and nationality is not guaranteed. When Puerto Rico became a Commonwealth in 1952, it meant that Puerto Ricans could vote for our governor and other Puerto Rican government posts, but not for the US President. Also, there is non-voting representatives in Congress from Puerto Rico. If you really believe that voting is the foundation of democracy, why, at the 21st. Century, the US Nation has approximately four millions of US citizens who do not have the right to vote for the President and Congressmen who make the laws that affect their life and future? 5. That you will hasten family reunification for parents and children, husbands and wives. As you may know, currently half of Puerto Ricans reside in the Mainland, and the other half in the Island. This is because since 1898, when Puerto Rico became a territory of the United States, Puerto Ricans have lived 112 year tradition of cultural integration with Mainland society and have looked for a better future for our families, seeing the US Nation as one of freedom and equality. But nowadays, Puerto Ricans who reside in the Island still deal with social, educational, language, housing, and employment discrimination… Why? 6. That you are committed to equal treatment of all service members and believe all patriotic Americans should be allowed to serve our country without discrimination, persecution or violence. Puerto Ricans have served in the US Armed Forces since 1917. In all the wars in which the US has been involved, the participation of Puerto Rico has been greater than that of 22 states of the Union. Over 225,000 Puerto Ricans have fought in all US wars since World War I. More than 2,000 have been killed in action; more than 3,000 wounded, and hundreds have remained disabled for life. Four Puerto Ricans have received the Congressional Medal of Honor for heroism. As it was the case in the past, during the present state of war in which our Nation finds itself fighting the savage and cowardly terrorists, Puerto Ricans are voluntarily offering to serve and the members of our National Guard and Reserve Components are responding to the call of duty (as up today more than 80 Puerto Ricans soldiers have died in the Irak war). The above could not be more eloquent evidence of the trust and confidence which the US has placed in Puerto Ricans. The US Nation has a debt with all of those Puerto Ricans who, throughout these 93 years, have served in the US Armed Forces. It has to be your responsibility to work for obtaining for them the 100% of the benefits they deserve under the federal and state laws. 7. That for all those who live under our flag, you support strong economic development and fair and equitable treatment under federal programs. For 112 years, as a US territory the Commonwealth of PR has had a poor economic growth if we compared it with the 50 states, and the difference between the Island and the States is wider with every sunset. In the past 30 years, the Island’s economy has decreased and continues decreasing. Nor the lower federal benefits nor the income tax exemptions that PR receives have been sufficient to obtain the expected growth rate. Under the Commonwealth, PR has not been able to close the difference between it and the poorest states of the US Nation. Our labor force participation is under the Arkansas, Mississippi and North Carolina ones; our unemployment rate is twice the US; our poverty indicators are near the 50%, and our older citizens receive pensions under the average of the 50 states. In summary, Puerto Ricans who reside in the Island have more difficulty to obtain a job; when we find one, we receive a lower salary, and when we retire, we receive fewer benefits compared with the Puerto Ricans who reside in the Mainland. As you may see, as a territory Puerto Ricans will never reach our objective to obtain greater levels of income, economic growth and quality of life because of the limitations this condition imposes us. “The future does not belong to fear; it belongs to the freedom”. It’s time, Representatives, you give Puerto Ricans who reside in the Island the opportunity to choose among realistic permanent and fully democratic status options. Sincerely, Norika Rodríguez Carmona Caguas, PR 00725-2081 norika@prtc.com
  Posted by Norika Rodriguez, 2011-07-12 04:34:55 (2 years ago)
• Unfortunately this is what we live in. We can't continue living this way. This is some kind of slavery.
  Posted by jake, 2011-07-11 06:54:35 (2 years ago)
• We should vote for the United States President, is our right as American citizens, and we Puerto Ricans love democracy.
  Posted by Diana H. Jimenez, 2011-07-07 16:17:58 (2 years ago)
• I am Puerto Rican and I support Pedro Rosselló in his case. Thanks for your support.
  Posted by Marilou Rivera, 2011-07-07 14:38:40 (2 years ago)