How the Democrats Rigged the Vote in Puerto Rico
The island has long been divided between those citizens who want statehood and those who want the status quo. Yet in an upcoming referendum, the status quo option has mysteriously disappeared.
On Tuesday, November 5, Americans will go to the polls and choose their next president. We can only hope there will be no allegations of vote-rigging.
There is, however, one group of U.S. citizens who already knows their vote will be rigged. I’m referring to the 3.2 million residents of Puerto Rico. (My maternal grandparents migrated from Puerto Rico in the 1950s.) Because Puerto Rico is a “commonwealth” of the United States, rather than a state, Puerto Ricans cannot vote in federal elections. But they do get to vote in local elections, which this year includes a nonbinding referendum on the island’s political status—the seventh such referendum in its history.
When they walk into the polling booth on Election Day, Puerto Ricans will be offered three possibilities: (1) statehood, (2) complete independence from the U.S., and (3) sovereignty that includes an ongoing association with the United States. What they will not see is the option of maintaining the status quo.
In previous referendums, the status quo—remaining a commonwealth—has been among the most popular options. So why would the latest referendum suddenly exclude this option? Because the Democratic Party, in concert with Puerto Rico’s pro-statehood party, have designed it that way. There is no other way to describe it: They have rigged the vote to give the statehood option a decisive advantage—and they have done it in plain sight.
The status of the island has long been the most important issue in Puerto Rican politics. It is the main divide between the two largest parties, the Popular Democratic Party (PPD), which advocates maintaining the status quo, and the New Progressive Party (PNP), which would like Puerto Rico to become the 51st state.
It’s no secret that the Democrats would love to see Puerto Rico achieve statehood. They believe it would add another blue state to the union, secure two more Democratic votes in the Senate, and tip the balance of power in their favor. Republicans see statehood as a threat for these same reasons.
Realistically, Puerto Rican statehood could happen only if Democrats controlled both chambers of Congress and the White House, while also eliminating the filibuster—a situation that is unlikely but far from impossible. Should that circumstance ever arise, Democrats have been preparing the ground for Puerto Rican statehood by encouraging referendums on the island. In principle, there is nothing wrong with this. In fact, it’s a good thing to check in on the popular will of Puerto Ricans. To that end, in both 1997 and 2010, House Democrats passed bills calling for straightforward referendums that included the full suite of options.
This time, however, Democrats are playing dirty. In 2022, House Democrats, in consultation with the PNP, passed the Puerto Rico Status Act, which called for another referendum—one that excluded the status quo option. The bill was reintroduced in 2023, this time with more co-sponsors, including Alexandria Ocasio-Cortez, the most famous American politician of Puerto Rican descent. The Democrats’ bill was then adopted by Pedro Pierluisi, Puerto Rico’s pro-statehood governor, as the basis for November’s referendum.
Removing the status quo option effectively guarantees that statehood will win. This is because in previous referendums, the only options that have received more than 40 percent of the vote were statehood and commonwealth. The other options are essentially nonstarters. Independence, for instance, has never won more than 5.5 percent of the vote, because Puerto Ricans cherish their U.S. citizenship.
And the so-called “sovereignty with free association” formula—whereby Puerto Rico would somehow be both an independent country and retain ironclad U.S. citizenship—has been declared unconstitutional by the Department of Justice multiple times. It is often characterized as a “fantasy.”
A big victory for statehood would constitute an obvious sham to anyone in the know, including Puerto Ricans themselves. The pro–status quo PPD has called the referendum an “anti-democratic mockery,” while the leader of the smaller Puerto Rican Independence Party (PIP) has called it a “plebiscite of lies.” Both parties have instructed their members—collectively constituting some 40 percent of the population—to leave the ballot blank in protest.
Given that most Americans know almost nothing about Puerto Rico, the Democrats are poised to get away with their vote-rigging scheme. The Dems will get what they want—an apparent mandate for eventual Puerto Rican statehood—and most Americans won’t know that this was achieved by cheating.
Democrats have justified this farce by arguing that Puerto Ricans should be presented only with “non-colonial” options—never mind the fact that the commonwealth option has won several referendums in the past. Yet the irony is that the Democrats, while draping themselves in the rhetoric of decolonization, are behaving rather like colonizers. What else can you call an underhanded attempt to force a territory into the union against the will of its residents?
And that’s not the only irony here. For four years, Democrats have rightly complained about Donald Trump’s shameful attempt to steal the 2020 election. In doing so, they have projected an image of themselves as a virtuous party that cares about democracy. Yet here we are, four years later, watching these very same Democrats brazenly rig a referendum in Puerto Rico for the most self-interested of reasons.
The question of Puerto Rican statehood is a complex one with strong arguments on both sides. But we should all be able to agree on this: Whatever happens with Puerto Rico must happen with the consent of its people, as the result of a fair referendum with all options included. Anything less would be a grave disservice to the people of Puerto Rico and a stain on the American project.
I can’t help feeling that I’m not getting the full story.
Here are a few other details that might help readers with evaluating the “rigging”, history, and context of this process.
The referendum in Puerto Rico passes with a majority vote for statehood, several steps must follow for Puerto Rico to become a state:
1. Congressional Approval: The U.S. Congress must pass legislation (an “enabling act”) to admit Puerto Rico as a state. Both the House of Representatives and the Senate would need to approve this legislation by a simple majority vote.
2. Presidential Signature: After passing Congress, the bill must be signed by the President of the United States to become law.
3. Drafting a State Constitution: If Congress passes the enabling act, Puerto Rico would then need to draft a state constitution, which would be consistent with the U.S. Constitution. This document would outline the state’s government structure and include key rights and laws.
4. Local Referendum on State Constitution: Puerto Ricans would likely vote on their new state constitution in a local referendum. This step ensures that the residents agree on the governance framework for their prospective state.
5. Congressional Ratification of the State Constitution: Once Puerto Ricans approve the state constitution, it would be sent to Congress for review. Congress would need to ratify the constitution, formally admitting Puerto Rico as the 51st state.
6. Official Admission as a State: After all steps are complete, Puerto Rico would officially be admitted to the Union, gaining full representation in the House and Senate and the right for its residents to vote in federal elections, including the presidency.
This process would likely be contentious, requiring significant political will and support, particularly given the current divided opinions on Puerto Rican statehood and the implications for Senate composition and voting power.
Readers might also benefit from some additional history and context on the historical positions:
It might be important for readers to understand the historical nuances of Commonwealth status. Established in 1952, Puerto Rico’s commonwealth status formalized a unique political and legal relationship with the United States. This arrangement allows Puerto Rico a degree of local self-governance under its own constitution while still being subject to U.S. federal laws.
Under this status, Puerto Ricans are U.S. citizens but do not have voting representation in the U.S. Congress and cannot vote in presidential elections. However, they do have a non-voting delegate in the U.S. House of Representatives.
Commonwealth status provides Puerto Rico with certain benefits, such as exemption from some federal taxes and access to specific U.S. programs, though these benefits are limited and dependent on Congress’s discretion.
2. It might be important for readers to review a the historical popularity is statuses in referendums; here is a brief summary below:
1967 Referendum: Puerto Rico held its first plebiscite on status, where voters were given the choice between statehood, independence, and commonwealth. 60% of voters chose commonwealth status, indicating a strong preference for the status quo at that time.
1993 Referendum: With renewed interest in Puerto Rico’s political future, voters were again presented with multiple options, including commonwealth. In a close vote, 48.6% favored commonwealth status, with statehood receiving 46.3% and independence only 4.4%.
1998 Referendum: This vote offered four options (statehood, independence, commonwealth, and “none of the above”), though the commonwealth option was controversially revised to reflect what some saw as diminished sovereignty. As a result, “none of the above” won with 50.3%, largely as a protest vote from commonwealth supporters who felt their preferred option was misrepresented.
2012 Referendum: This was a two-part referendum, asking first whether Puerto Ricans wanted to change their status, followed by a second question asking which status they preferred (statehood, free association, or independence). 61% voted for statehood in the second part, but the validity was questioned since about 500,000 voters left that part of the ballot blank, a tactic used by commonwealth supporters to protest the exclusion of a clear commonwealth option.
2017 Referendum: Puerto Rico again voted on its status, with 97% favoring statehood; however, voter turnout was only 23%, as many pro-commonwealth voters boycotted the referendum, indicating ongoing support for the commonwealth option even though it was not formally represented.
It would also be good if we discussed how the “rigging” happened.
The short answer is: legally.
The long answer is that in 2022, House Democrats, in collaboration with Puerto Rico’s pro-statehood New Progressive Party (PNP), passed the Puerto Rico Status Act, which outlined a referendum on Puerto Rico’s political status but excluded the commonwealth option. The act’s design favored “non-colonial” options—statehood, independence, and free association—arguing these choices align with principles of self-determination and democracy. By securing support within the House and aligning with Puerto Rico’s pro-statehood leaders, Democrats crafted a referendum without the traditional commonwealth choice, limiting voters to other paths .Legally, Congress has the authority to structure referendums for U.S. territories, including Puerto Rico. The Puerto Rico Status Act was passed following standard legislative procedures, making it technically legal.
Finally, it’s also good to include an argument for statehood. The best argument for Puerto Rican statehood isn’t about what political party benefits or doesn’t. It is to grant what are U.S. citizens on the island full democratic rights and equal representation, correcting the current inequity where they lack voting power and full benefits. Statehood would ensure equal treatment, economic stability, and align with American values of democracy and self-determination.