Puerto Rico Statehood Referendum (2020)

Puerto Rico Statehood Referendum
Election date November 3, 2020
Topic Statehood
Status a Approved
Type State statute	Origin State legislature

The Puerto Rico Statehood Referendum was on the ballot in Puerto Rico as a legislatively referred statute on November 3, 2020. The ballot measure was approved.

A “yes” vote supported the position that Puerto Rico should seek statehood.

A “no” vote opposed the position that Puerto Rico should seek statehood.

Election results

Puerto Rico Statehood Referendum (2020)
Result		Votes	Percentage
Yes		655,505	52.52%
No		592,671	47.48%

Results are officially certified.

Source

Overview

The ballot measure asked voters the following: "Should Puerto Rico be immediately admitted into the Union as a state?" Voters had the option to answer "Yes" or "No."

As the ballot measure was approved, the governor was authorized to appoint a seven-member commission to represent Puerto Rico in matters and negotiations related to achieving statehood. The commission was organized to develop a transition plan, which the governor could approve or reject, and present the plan to Congress and the President.

According to Senate Bill 1467, which placed the referendum on the ballot, voting "No" on the referendum would have meant that a seven-member commission would have been appointed to negotiate with the federal government for the free association or independence of Puerto Rico.

The ballot measure could not compel the U.S. Congress to act on the issue of Puerto Rico's political status.

Text of measure

Ballot question

The ballot question was as follows:

“

Should Puerto Rico be immediately admitted into the Union as a state?

”

Full text

The full text of the ballot measure, as published in Spanish, is available here.

Support

Supporters

Officials

• Resident Commissioner Jenniffer Gonzalez-Colon (NPP)
• Senate President Thomas Rivera Schatz (NPP)
• House Speaker Carlos 'Johnny' Méndez (NPP)
• Former Resident Commissioner Pedro Pierluisi Urrutia (NPP)

Parties

• Puerto Rico Republican Party

Arguments

• Former Gov. Carlos Romero Barceló (NPP) said, "The people know that we do not want the colony anymore, we want equality, especially political equality, because in a democracy what matters is the right to vote and the right to participate on equal terms in the bodies that govern the nation."

• Resident Commissioner Jenniffer Gonzalez-Colon (NPP) said that all the crises that Puerto Rico had suffered during the prior four years, including hurricanes, earthquakes, the coronavirus pandemic, and the fiscal crisis, demonstrate the urgency of achieving equality with the states. She added, "That is why we cannot wait any longer to receive from Washington the same treatment that is received in the rest of the nation. There is strength in the union, particularly in moments of collective crisis."

• House Speaker Carlos 'Johnny' Méndez (NPP) said, "The first thing to put in order in Puerto Rico is the colonial situation. That is the great problem that the Puerto Rican people have." He stated that other problems arise from the island's colonial status. Méndez added, "We cannot put the house in order if the Puerto Rican people continue to be discriminated against in terms of federal aid."

Opposition

Opponents

Officials

• Sen. Juan Dalmau (PIP)
• Former Gov. Aníbal Acevedo-Vilá (PDP)

Parties

• Puerto Rican Independent Party

Arguments

• Sen. Juan Dalmau (PIP), who supports independence from the United States, said, "Puerto Ricans are not willing to give up being what we are. To the plebiscite question, do you want to give up your Puerto Rican nationality? The resounding answer will be ‘No!'" He said that PIP would campaign against annexation and colonialism.

• Former Gov. Aníbal Acevedo Vilá (PDP) called the ballot measure an "exercise in the misuse of public funds." He said that no one in Washington, D.C. supports the measure.

• Efraín Vázquez-Vera, a professor at the University of Puerto Rico, said, “Corruption and incompetence branded the actual pro-statehood government. people are very angry and not willing to vote in the next November general election. Doing the plebiscite at the same time as the general election it is a way to guarantee the participation of Pro-Statehood voters. So, for the pro-statehood party, is not important to win or lose the plebiscite, they want to win the general election and to retain the political power.”

Background

Status of Puerto Rico in the U.S.

Puerto Rico was incorporated into the United States in 1898, following the Spanish–American War. The federal government recognized the territory's governance over internal matters in 1950, and the island adopted a constitution and republican form of government in 1952. As of 2020, no changes in political status had occurred since the 1950s. Under the Territory Clause of the U.S. Constitution, Congress has jurisdiction over Puerto Rico.

Citizens of Puerto Rico are citizens of the United States. Puerto Rico does not have representation with voting privileges in the United States Congress nor the ability to vote for President in general elections. However, Puerto Ricans do vote for a resident commissioner to the U.S. House of Representatives. The resident commissioner is permitted to introduce legislation and vote on committees.

Referendums

Puerto Rico voted on ballot measures addressing statehood in 1967, 1993, 1998, 2012, and 2017. The results in each referendum election were as follows:

Referendums of Puerto Rico's political status
Year	Commonwealth	Statehood	Free association	Independence	None of the above
1967	60.41%	38.98%	***	0.60%	***
1993	48.89%	46.64%	***	4.47%	***
1998	0.06%	46.63%	0.29%	2.55%	50.46%
2012	***	61.16%	33.34%	5.49%	***
2017	1.32%	97.18%	1.50%		***

1967

On July 23, 1967, Puerto Ricans were given three options at the ballot box on the island's political status. The United States Congress sanctioned the referendum. The option to remain a commonwealth of the United States received 60.4 percent of the vote, while statehood received 39.0 percent and independence received 0.6 percent.

1993

The second vote on the territory's political status was on November 14, 1993. Former Presidents George H.W. Bush, Ronald Reagan, and Gerald R. Ford participated in the campaign for statehood. President Bill Clinton remained neutral on the referendum. A plurality of voters, 48.9 percent, favored remaining as a commonwealth. Statehood received 46.6 percent of the vote, while independence received 4.5 percent.

1998

The third vote on Puerto Rico's relationship to the United States occurred on December 13, 1998. This time voters were given five options: territorial commonwealth, free association, statehood, independence, and none of the above. The option none of the above received the highest proportion of votes at 50.5 percent. Statehood received the next highest proportion of votes at 46.6 percent. Independence received 2.6 percent, and free association received 0.3 percent. Puerto Rico's status as a commonwealth received 0.1 percent of the vote. Opponents of the referendum, including the Popular Democratic Party (PDP), advocated for none of the above, saying the ballot language for the commonwealth option was misleading.

2012

On November 6, 2012, Puerto Rico held a fourth vote on the island's territorial status. The referendum was structured as two questions. The first question asked was, "Do you agree that Puerto Rico should continue to have its present form of territorial status?" A total of 54.3 percent rejected continuing Puerto Rico's territorial status. As a majority rejected the first question, results for the second question were counted. The second question asked voters about their preferred non-territorial status: statehood, free association, or independence. Statehood received a majority of the vote, 61.2 percent, at the for the first time in the territory's history. The option of free association received 33.3 percent, and independence received 5.5 percent. While 1,798,987 people voted on the first question, 1,363,854 people voted on the second question, meaning that almost a quarter of first-question voters cast blank ballots on the second question. Jay Carney, spokesperson for former President Barack Obama and the White House, said, "I think the outcome was a little less clear than that because of the process itself."

2017

See also: Puerto Rico Statehood, Independence, Free Association, or Current Status Referendum (2017)

On June 11, 2017, Puerto Rico voted on a political status referendum, which gave voters three options: (a) current territorial status; (b) statehood; and (c) free association/independence. The option Statehood received 97.18 percent of the vote. The Popular Democratic Party, which had the second-largest caucus in the territorial Legislature, boycotted the election. Turnout was 22.93 percent.

Gov. Ricardo A. Rosselló, who supported the statehood option, reacted to the results, saying, "From today going forward, the federal government will no longer be able to ignore the voice of the majority of the American citizens in Puerto Rico." Gov. Rosselló then implemented a plan, modeled on the Tennessee Plan, intended to encourage Congress to vote on Puerto Rican statehood.

Former Gov. Aníbal Acevedo Vilá, a member of the Popular Democratic Party, noted that voter turnout was low and said, "A 97 percent win is the kind of result you get in a one-party regime. Washington will laugh in their faces."

Puerto Rico political parties

In Puerto Rico, the three political parties with elected representatives in 2020 each take a different position on the issue of the island's relationship to the United States. The political parties are not affiliated with U.S.-mainland parties, such as the Democratic Party and Republican Party, although individual members may be affiliated. According to the Congressional Research Service (CRS), "[Political] status is the lifeblood of Puerto Rican politics, spanning policy and partisan lines in ways that are unfamiliar on the mainland." CRS noted that the political parties generally align themselves with the following positions:

• Popular Democratic Party (PDP) is typically associated with a pro-commonwealth position.

• New Progressive Party (NPP) is typically associated with a pro-statehood position.

• Puerto Rican Independence Party (PIP) is typically associated with a pro-independence position.

Between 1997 and 2020, NPP had trifecta control of the Puerto Rico government for 12 years or half of the 24-year period. PDP had trifecta control of the government for eight years or one-third of the 24-year period. Puerto Rico had a divided government for four years or one-sixth of the 24-year period.

Year	97	98	99	00	01	02	03	04	05	06	07	08	09	10	11	12	13	14	15	16	17	18	19	20
Governor	NPP	NPP	NPP	NPP	PDP	PDP	PDP	PDP	PDP	PDP	PDP	PDP	NPP	NPP	NPP	NPP	PDP	PDP	PDP	PDP	NPP	NPP	NPP	NPP
Senate	NPP	NPP	NPP	NPP	PDP	PDP	PDP	PDP	NPP	NPP	NPP	NPP	NPP	NPP	NPP	NPP	PDP	PDP	PDP	PDP	NPP	NPP	NPP	NPP
House	NPP	NPP	NPP	NPP	PDP	PDP	PDP	PDP	NPP	NPP	NPP	NPP	NPP	NPP	NPP	NPP	PDP	PDP	PDP	PDP	NPP	NPP	NPP	NPP

Possible future statuses

Discussions about Puerto Rico's future relationship with the federal government generally involves four possibilities, according to the Congressional Research Service (CRS). Definitions of these different possible political statuses for Puerto Rico are below:

• Commonwealth (current status): According to CRS, legal experts debate whether Puerto Rico's status as a commonwealth has a specific legal meaning or is just stylistic. The status is based on the territory's constitution, which was approved by Congress in 1952, and federal statutes. Puerto Ricans are U.S. citizens but cannot vote for federal representatives with voting privileges. The island does not have the same rights as the states do in relation to the federal government. Congress has ultimate jurisdiction over Puerto Rico.

• Statehood: Puerto Rico would become the 51st state to join the United States. Statehood would give Puerto Rico the same rights as other states, representation in the United States Congress, and the ability to vote for President. Residents of Puerto Rico would be required to pay federal personal income tax.

• Free Association: Puerto Rico would become a sovereign nation outside the Territory Clause of the U.S. Constitution. However, the island would maintain a free and voluntary political association with the United States. An agreement of free association would delegate certain powers, typically those regarding military, trade, and currency, to the U.S. federal government. U.S. citizenship would be subject to negotiation in developing the agreement. The Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau, all former jurisdictions of the Trust Territory of the Pacific Islands, are sovereign nations in free association with the United States.

• Independence: Puerto Rico would become an independent sovereign nation. The country would develop its own government and economy. Puerto Ricans who are residents of the island would lose citizenship, at least in the long-term.

Path to the ballot

Senate Bill 1467

The ballot measure was introduced into the Puerto Rico Legislative Assembly as Senate Bill 1467 (SB 1467) on January 9, 2020.

The Puerto Rico Senate voted passed the bill on March 1, 2020. The Puerto Rico House of Representatives made changes to the bill, voting 33-17 to pass the amended version on March 9, 2020. In the House, the New Progressive Party (NPP) supported the legislation, and the Popular Democratic Party (PDP), Puerto Rican Independence Party (PIP), and an independent member opposed the legislation.

Returned to the Senate, the amended bill was approved 18-8 on March 9. Members of the NPP supported the legislation, and members of the PDP opposed the legislation.

On May 16, 2020, Gov. Wanda Vázquez Garced (NPP) signed SB 1467, saying, "Never before in our history have we been presented with the opportunity to give the Puerto Rican government such a strong mandate and the Congress of the United States such a clear message about our destiny as a people. The question is simple, clear and direct and the answer will be simple, clear and definitive."

Request for federal funding

On June 3, 2020, the Puerto Rico State Commission on Elections (SCE) submitted a request with the U.S. Department of Justice for $2.5 million. In 2014, Congress passed an appropriations bill that included $2.5 million for an "objective, nonpartisan voter education about, and a plebiscite on, options that would resolve Puerto Rico's future political status, which shall be provided to the State Elections Commission of Puerto Rico."

Former Gov. Aníbal Acevedo Vilá, a member of the Popular Democratic Party, wrote a letter to Attorney General William Barr, asking the Justice Department to rule out funding the referendum. Acevedo Vilá stated that the referendum was not compatible with the laws, policies, or Constitution of the United States.

On July 19, U.S. Deputy Attorney General Jeffrey Rosen stated that the U.S. Justice Department would not release the requested funds. Rosen said that the Justice Department could not fund the referendum because the question was in the form of a "yes" or "no" vote on statehood and did not contain other status options. Rosen said that approval of funding could be seen as an endorsement of the statehood option. Rosen also said that the June 30 deadline for review and approval did not give enough time for the required process.

Gov. Wanda Vázquez Garced (NPP) responded, "After careful review of the determination, I must express my disappointment with it and take this opportunity to address some misconceptions, oversights, and misguided reasoning described in the letter. ... As Congress has not voted on the results of the last two plebiscites, despite bipartisan support and the filing of bipartisan legislation, Puerto Ricans are aware that federal legislation must be enacted prior to admission. The claim that language of the submitted materials may confuse the voting public of Puerto Rico lacks merit. This argument tries to veil the DOJ's animus against the people of Puerto Rico finally achieving equal rights and representation under the law."

Reactions from mainland officials

• U.S. Rep. Darren Soto (D-Florida) and U.S. Rep. José Serrano (D-NY) co-wrote a column for the Orlando Sentinel, published on October 18, 2020, that said, "The idea is a simple one: On Nov. 3, our fellow Americans residing in Puerto Rico will vote on whether to become a state. If they vote yes, we should admit them as a state to the union without delay. This position is supported by long-standing American principles of democracy and equality. We must recognize the right of Americans in Puerto Rico to choose their own future through plebiscites. We must also respect their request for equal representation in the U.S. Congress should they choose it."

• U.S. Rep. Darren Soto (D-Florida) introduced a resolution to recognize the results of the statehood referendum. He said, "Come November, Puerto Rico has a new opportunity to take a step forward in addressing its status. On the first day of Hispanic Heritage Month, the introduction of our resolution is about respecting democracy and the will of the people of Puerto Rico. If Puerto Ricans vote for statehood, we must take action to admit the 51st state of our Union!"

• U.S. Rep. Nydia Velázquez (D-NY) and U.S. Rep. Alexandria Ocasio-Cortez (D-NY): "Despite five plebiscites, “statehood” has never received an unequivocal mandate from Puerto Rican voters. The two most recent referenda were marred by voting irregularities and dismal participation. In fact, the U.S. Department of Justice refused to validate the results of the 2017 referendum. While yet another nonbinding status vote is scheduled for November, the recent primary fiasco in Puerto Rico does not inspire much confidence that the outcome will be any more reflective of popular opinion than previous votes. ... For true, legitimate change, Puerto Rico’s status must be resolved from the ground up. Plans for altering the Island’s relationship with the U.S. should not just garner the consent of the Puerto Rican people; they should originate with them. In fact, many in Puerto Rico would view Congress pushing statehood not as an end to colonization, but the culmination of it."

• U.S. Rep. Stephanie Murphy (D-Florida): "I'm very pleased the Puerto Rico government will hold a “yes-or-no” vote on statehood in November. This is the best and fairest way to structure the vote. Those who support statehood can vote yes and those who oppose it can vote no. I hope the American citizens of Puerto Rico confirm they want statehood. If they do, I will work in a bipartisan way in Congress to enact legislation admitting the territory as a state. Statehood is the only way to ensure that the people of Puerto Rico enjoy genuine democracy and equality under the American flag, which they deserve and have earned."

Media commentary

• Orlando Sentinel Editorial Board: "Should the U.S. territory become a U.S. state? Millions of island residents will weigh in on that question. The problem is that question has been asked repeatedly and the answer has never carried any actual weight. ... It’s long been the defining issue between the Puerto Rican Independence Party and the New Progressive Party. Every time a referendum rolls around, the go-to mantra in the U.S. is “Puerto Ricans should decide” about statehood. ... The truth is “Puerto Ricans should decide” is meaningless to many Puerto Ricans. They are tired of being asked to state their position knowing nobody will act on it. The U.S. Congress needs to negotiate a binding agreement that will grant statehood if Puerto Ricans vote for it. It’s too late for such a pact this time, but this issue is certainly not going away. All sides want to end centuries of territorial limbo."

• George Laws Garcia, executive director of the Puerto Rico Statehood Council: "Thankfully, the elected leaders of Puerto Rico, who ran on a platform of advancing the statehood cause, are giving voters the opportunity this November to show Congress definitively if the majority favor statehood or not. ... When the future of American democracy lies in the balance, we cannot afford to ignore the call of 3 million fellow citizens in Puerto Rico to end the colonial territory status and to achieve equal rights and responsibilities under statehood. Puerto Ricans have made countless contributions to America since 1898, including the blood that they have shed while fighting in uniform to defend our freedom, and if a majority of island voters ask for statehood this November, then Congress must respect the will of the people and grant it."

• Nancy Santiago, member of the President's Task Force on Puerto Rico's Status under President Barack Obama: "Puerto Rico has held five non-binding votes, meaning that Congress has not committed to honoring any of the results. Another plebiscite slated for November is already controversial because it's rigged to only benefit the statehood option and, last month, the US Department of Justice announced it will not disburse funds towards this process. ... Puerto Ricans deserve the freedom to choose the political status they want. A fair, inclusive and transparent process to make that determination has to be supported not only by the next president but also by Congress. Lawmakers must agree to a congressionally-binding process that honors a decolonization procedure that clearly delineates how the US would support Puerto Rico's transition to another status. A self-determination process must be carried out not under the threat of impoverishment, but with the confidence of success, meaning a path to a strong economy, no matter the political status Puerto Ricans choose. This has to start with canceling the island's unsustainable $73 billion debt and providing it economic tools to thrive." (CNN, "Puerto Rico's future is for Puerto Ricans to determine," August 14, 2020)

• Max J. Trujillo, president of MJTPOLICY LLC, a government relations consulting firm, and a former senior advisor to U.S. Rep. Nydia Velázquez: "For a self-determination option to be considered legitimate, it must follow a fair and transparent process. The relationship between Puerto Rico and the U.S. is too complicated to be resolved in a “yes” or “no” vote, without context, without discussion and no explanations. A status convention, with delegates debating options, reaching majority for proposals, would be a fair and balanced process. Because the legitimacy of a democratic government is based on the consent of the people, clearly a process that will determine the future relationship for the island deserves the consent, approval and support of its citizens. Maybe the focus in the next few months should be about how to get the immediate help Puerto Rico needs instead of a toothless yes/no plebiscite." (The Hill, "Puerto Rico the 'American Way'," August 4, 2020)

• Andrés L. Córdova, a law professor at Inter American University of Puerto Rico: "The fundamental purpose of the plebiscite is political, not legal. In the 122 years since Puerto Rico has been under the American flag, the opponents of statehood have been able to obstruct this legitimate aspiration in the halls of Congress, with the complicity of all branches of American government. ... If democracy is to mean anything, the electoral will of the majority needs to be heard in an up or down vote concerning statehood. Anything else is just political static to avoid confronting the profoundly undemocratic, unincorporated territory of Puerto Rico. Those that oppose statehood can vote no and can rest assured that if they prevail, they will be heard loud and clear by many in Congress. Those that favor statehood can vote yes, and should they prevail, they can begin the difficult task of pressuring Congress to act on its constitutional responsibilities. This upcoming plebiscite is just one step in a long political process." (The Hill, "Statehood for Puerto Rico and the obstruction of justice," August 1, 2020)

• Julio Ricardo Varela, senior digital editor of LatinoUSA.org—the website for NPR’s Latino USA—and co-host of In The Thick—a podcast on race and politics: "But this latest push is not really about statehood; it’s a tactical move by her New Progressive Party to get voters out on Nov. 3 and boost their candidates. ... The past few years have not been good for the party amid hurricanes, mounting debt issues, ongoing corruption scandals that even caused a sitting pro-statehood governor to resign, earthquakes and now a global pandemic. So the calculus seems to be: Let’s dangle the illusion of a yes or no statehood plebiscite (nonbinding) that is already dead on arrival?" (The Washington Post, "Is Puerto Rico having a defining vote on statehood? No, it’s just a political stunt." May 21, 2020)

See also

2020 measures

• 2020 ballot measures
• Statehood on the ballot
• 2020 legislative sessions

Puerto Rico

• Puerto Rico ballot measures
• Puerto Rico ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls