|
 |
|
|
|
| PARTIDO POPULAR DEMOCRÁTICO, | / |
| DELIA CASTILLO ORTIZ, | / CIVIL NO. KPE98-0795 |
| GONZALO FERNÓS LÓPEZ, | / 9072 |
| ELSA TIÓ FERNÁNDEZ, | / |
| and GREGORIA VÁZQUEZ RIVERA | / |
| / RE: INJUNCTION AND | |
| PLAINTIFFS | / DECLARATORY JUDGMENT |
| / | |
| vs. | / |
| / | |
| COMMONWEALTH OF PUERTO RICO, | / |
| STATE ELECTIONS COMMITTEE | / |
| (Comisión Estatal de Elecciones) | / |
| JUAN R. MELECIO, | / |
| RENÉ ARRILLAGA BELÉNDEZ, | / |
| MANUEL HERRERO GARCÍA, | / |
| DAMARIS B. MANGUAL VÉLEZ, | / |
| THE NEW PROGRESSIVE PARTY AND | / |
| THE PRO-INDEPENDENCE PUERTO | / |
| RICAN PARTY | / |
| / | |
| DEFENDANTS | / |
| ____________________________________ | / |
TO THE HONORABLE COURT:
Come now the plaintiffs, represented by the undersigned counsel, and very respectfully set forth and pray:
THE PARTIES
1. The plaintiffs are:
a. The Popular Democratic Party (Partido Popular Democrático), which is a principal political party, as provided in Art. 3.001 of the Electoral Act, 16 L.P.R.A. Sec. 3101.
b. Delia A. Castillo Ortiz, of age, married and resident of San Juan. She is a voter who has been duly registered as such in the municipality, and is holder of voter's card number 0113086.
c. Gonzalo Fernós López, of age, married and resident of San Juan. He is a voter who has been duly registered as such in said municipality, and is holder of voter's card number 0015730.
d. Elsa Tió Fernández, who is of age, married and resident of San Juan. She is a voter who has been duly registered in said municipality and is holder of voter's card number 009677.
e. Gregoria Vázquez Rivera, who is of age, widow and resident of Naranjito. She is a voter is has been duly registered in said municipality and is holder of voter's card number 0318964.
2. The defendants are:
a. The Commonwealth of Puerto Rico
b. The State Elections Commission
c. Juan R. Melecio, in is official capacity as the President of the State Elections Commission
d. René Arrillaga Beléndez, in his official capacity as the Electoral Commissioner for the Popular Democratic Party.
e. Manuel Herrero García, in his official capacity as the Electoral for the New Progressive party.
f. Damarys B. Mangual Vélez, in her official capacity as the Electoral Commissioner of the Puerto Rican Independence Party.
g. The New Progressive Party
h. The Puerto Rican Independence Party
THE COMMON ALLEGATIONS OF THE CAUSE OF ACTION OF THE COMPLAINT
1. Statute No. 249 OF August 17, 1998, hereinafter "the Statute" (Exh. 1) provides for a "plebiscite" to be held on December 13, 1989, whereby qualified Puerto Rican voters will express their preference from among several "political status options or by petition to the Federal Government regarding the scope of the United States sovereignty over Puerto Rico and the political condition under which the island's citizens live". The following alternatives will be submitted to the voters during the Plebiscite Consultation:
(a) Should the Congress pass legislation and the same is enacted by the President of the United States, the definitions provided by said Act will be the ones to be utilized as the status options; or
(b) Should a Federal Statute enabling the plebiscite process on the political status of Puerto Rico not pass, the definitions of the petitioned options to be utilized in the plebiscite shall be the ones provided by Article 4 of this Act, exclusively within the parameters set forth by the 105th House of Representatives (105th) Congress of the United States in H.R. 856, known as the 'United States - Puerto Rico Political Status Act.' " Art. 2
2. The Act dictates to the State Elections Commission (hereinafter "the Commission") that it is to take "final action regarding the political status options or by petition that will be utilized in the plebiscite". Immediately upon the President of the United States having signed into law a measure that will enable a plebiscite process on the political status of Puerto Rico, the 105th Congress of the United States will recess sine die or on October 12 of 1998, whichever takes place first.
3. Should the above stated federal legislation be passed, the ballot to be used during the plebiscite to be held on December 13, 1998, will contain the following, spread from one end of the ballot to the other, on its upper part: "Plebiscite on the Political Status of Puerto Rico". Furthermore, the ballot will provide a column for each of the status options that has been determined by federal statute, assigning one number to each option. At the end of the above described option columns, the ballot will provide an additional column that reads "None of the Preceding Options", so that each voter may exert his freedom of speech. No political party or group, organization or entity may appropriate for itself the official representation of an option under the column that reads "None of the Preceding Options", in order to benefit from the provisions in the Act that have to do with electoral representation, the allotment of funds or any other responsibility or faculty conferred by the Act. Art. 4 (1) and (2).
4. If no federal legislation is passed enabling a plebiscite on the political status of Puerto Rico, the Act provides that, in such a case, the Commission shall design a ballot [to be used for the plebiscite] with one column for each one of the "four petition options, within the parameters of the status formulas that have been approved by the House of Representatives of the 105th Congress of the United States through HR 857, known as the "United States-Puerto Rico Political Status Act". The ballot's full upper part fully reads, from one end to the other: "Petition to the Government of the United States:... We, the People, in the exercise of our right under the First Amendment of the United States Constitution, hereby firmly request of the United States Congress that, deliberately and forthwith with, after one hundred years of political subordination, the political condition of the People of Puerto Rico and the scope of the sovereignty of the United States be brought to a conclusive definition, aiming to solve the island's present territorial problem..." Art. 4 (2)
5. On top of each one of the four columns there will be a number, designated at random, and directly underneath the space provided for the voter's marking, the ballot will contain, as applicable, the following definitions of the four options for a political status or by petition:
(a) Puerto Rico's incorporation to the Union of the United States of America as a sovereign state, on equal footing with the other states, with equal rights, responsibilities, and benefits. Furthermore, Puerto Rico will retain sovereignty in those matters not delegated to the Federal Government by the U.S. constitution. The right to vote for the president and equal representation in the Senate and proportionate representation in the House of Representatives, without undermining the representation of the other states. In addition, keeping the present Constitution of Puerto Rico and the same state law and permanent U.S. citizenship, guaranteed by the Constitution of the United States of America. The federal statute's provisions regarding the use of the English language in the federal government's agencies and courts in the fifty states of the Union shall equally apply to the State of Puerto Rico, as it actually does now."
(b) Applying to Puerto Rico the sovereignty of the Congress, which, by virtue of Federal Statute 600 of July 3, 1950, delegates the control of a limited government to the island, confined to matters strictly local, under its own Constitution. Said local government shall be under the authority of the Congress, the Constitution, laws and treaties of the United States Congress. By virtue of the Treaty of Paris and the Federal Constitution's Territorial Clause, the Congress may treat Puerto Rico differently from the way it treats the other states, as long as the grounds therefor are rational. U.S. Citizenship for Puerto Ricans will be statutory. English shall continue to be the official language used in the federal agencies and courts of the U.S. Government that operate in Puerto Rico.
(c) A treaty that recognizes Puerto Rico's full sovereignty to develop a relationship and association with the United States, but not as a colony or a territory. The United States shall relinquish all its powers over Puerto Rico, simultaneously entering into a pact. Puerto Rico shall retain all of the powers that are not expressly delegated upon the United States. Puerto Rico will make determinations regarding Puerto Rican citizenship. Those citizens who, at present, are U.S. citizens, may retain said citizenship status, if they so wish, and may transmit same to their descendants, subject to the statutory provisions of the laws of the United States or of the Treaty. It must be understood that, as soon as the Treaty is in force, the mere fact that an individual is born in Puerto Rico will not afford him the right to be a U.S. citizen. The Treaty to be negotiated shall make provisions for matters regarding trade, defense, the use of U.S. currency, financial aid and the protection of the acquired personal rights. The Treaty shall also acknowledge Puerto Rico's sovereign ability to enter into pacts and other international agreements.
(d) The recognition that Puerto Rico is a sovereign republic, with full authority over its territory and in its international relations. Its Constitution shall be the Supreme Law of the Land, providing for a republican system of government and the protection of human rights. Puerto Rico's residents shall be loyal to and shall have the citizenship and nationality of the Republic of Puerto Rico. Having been born in Puerto Rico or having relatives holding statutory U.S. citizenship by birth during the former condition as a territory shall cease to be grounds for U.S. citizenship, except for those individuals who were already U.S. citizens, who will have a statutory right to retain said citizenship for life, through invested rights or by decision, as provided by the laws of the U.S. Congress. The benefits of individuals in Puerto Rico, acquired through services by contributions made to the United States, shall be honored by the United Stated. Puerto Rico and the United States shall enter into cooperation pacts, including financial and programs therefor, during a reasonable period of time, free trade and traffic, and the status of the military forces (sic)."Art. 4 (2)
6. The ballot will contain an additional column with the phrase "None of the Preceding", so that each voter will have freedom to choose/of speech on his option of preference. "No political party or group, body or entity may undertake the official representation of an option identified under said column, in order to assert the provisions set forth by this Act regarding electoral representation, the allocation of funds, or any other responsibility or power conferred by this Statute". Art. 4(2). No write-in column is provided.
7. The Commission has the duty, under the law, to organize, govern, implement and oversee the plebiscite process. Art. 5. It is to announce the plebiscite, by proclamation, within a term that is not to be less than sixty calendar days prior to the holding of the plebiscite. Art. 7. The Commission has already begun to comply with the obligation it has to organize, govern, implement and oversee the plebiscite process, making use of public finds assigned by the law for said purposes.
8. Under the law, the Commission has the obligation of offering and developing an educational and orientation campaign, addressed to the voter, regarding the holding of a plebiscite for the political status of Puerto Rico, which will be held on December 13, 1998, encouraging voters to register and participate in same". Art. 9. This will "begin immediately after the Act is in force and effect". Act. 9. The Act will be in force and effect on August 17, 1988. Art. 33. The Commission has already started the campaign, encouraging voters to register and participate in the Plebiscite of December 13, 1998, using public funds allocated for said purpose".
9. The Act also ordered the Commission to carry out an educational and briefing campaign directed at the Puerto Rican voter regarding "the manner in which the voter is to mark off the ballot when he votes, and on the definitions contained on the ballot form for each status or by-petition-option". Said campaign is to begin 55 days prior to December 13, 1998. The Act allots the sum of $2.3 million to finance said campaign, which started on August 17, 1998, and the campaign encouraging people to register and participate. As far as other expenses having to do with the Act, it allocates the sum of $6.7 million. The Commission already started to organize and implement the plebiscite process, and has promulgated several regulations that are applicable to the "Plebiscite on the Status of Puerto Rico, to be held on December 13, 1998".
10. The duly registered, principal political parties may officially represent one of the plebiscite's options, under the provisions of the Act related to electoral representation, for the allocation of funds and other responsibilities or powers invested by the Act, provided their governing bodies report said intent in writing, to the Commission, no later than four days following the date on which the Commission makes a proclamation and announcement of the holding of the Plebiscite. Only those parties that serve notice on the Commission regarding the intent to officially represent one of the four options of the status or of the petition may be entitled to receive the benefits and faculties provided by the law and the Electoral Act, including the right to be represented at the different voting locations (Colegios Electorales - literally: Voting Colleges) and to appoint functionaries to said locations. Furthermore, if a duly registered political party were to abstain from or cease to participate in the plebiscite on behalf of one of the options, its electoral commissioner will not have the right to vote on the findings that the Commission may need to make as regards to the plebiscite, or be able to participate in the local commissions, neither as a representative in the unit boards nor at the voting locations. Art. 11.
11. If one of the options of the plebiscite is not represented by a political party, any group, organization or entity that meets all of the requirements of the Statute, it will be entitled to officially represent said option and to profit from all of the benefits and empowerments under the Statute and the Electoral Act, including the right to representation in the voting stations (literally: Voting Colleges) and to appoint station functionaries. In addition, it will have the right to appoint a voting representative before the Commission and to appoint representatives to the local commissions, unit boards, and voting stations (Voting Colleges). Art. 11.
12. The Commission is empowered to determine the time of delivery of the voter lists and the end of the voter registration. The date of the last electoral registration closing shall never be in excess of the fifty days that precede the plebiscite scheduled for December 13, 1998. Art. 16. By virtue of the above, the date for the last closing of the voter registration must be on or before October 23, 1998.
13. Statute 249 of August 17, 1998, was passed by the Legislature strictly along partisan lines, with the endorsement of the parliamentary majority of the New Progressive Party, which postulates federal statehood as a political status for Puerto Rico. The Popular Democratic Party's delegation fully voted against the measure in both legislative bodies. It opposed and objected to the definitions of the status options or by petitions that will be submitted to the Puerto Rican voters during the December 13, 1998 plebiscite. Hon. Pedro Rosselló González, the Governor of Puerto Rico, who endorsed the Bill once it was passed by the Legislature, is a member and the President of the same party that the Parliamentary Majority belong to; to wit, the New Progressive Party.
14. Bill HR 856 of the House of Representatives of the United States, known as the "United States - Puerto Rico Political Status Act"(Exh. 2), passed by said body, expressly provides in the clauses that address the transition stage that, in the event of a vote for statehood, the President shall submit legislation to the Congress for a transition plan "of not more than 10 years which leads to full self government of Puerto Rico" and furthermore, "in the event of a vote in favor of continued United States sovereignty leading to statehood, the transition plan required...shall (I) include proposals and incentives to promote and increase the opportunities of the People of Puerto Rico to expand their English proficiency in order to promote and facilitate communication of the residents of all other states of the Union of the United States and with the federal government, including teaching English in public schools..." and the mentioned transition plan shall (iii) include the effective date of incorporation, thereby permitting the greatest degree of flexibility for the phase-in of federal programs and the development of the economy..."Sec. (illegible) (1) (c) (i) and (iii).
15. Contemporaneously with the filing of this Complaint, HR856 is before the U.S. Senate. The President of the Energy and Natural Resources of the Senate, Frank H. Murkowski, before whom HR 856 is now pending, after listening to all the interested parties and reviewing the testimony offered to said Commission, wrote the "Draft Chairman's Mark to HR 856" on July 31, 1998. This document amends the definition of the statehood option that was passed by the House and substitutes it as follows: "Statehood. - Puerto Rico desires to petition the federal government to undertake those actions necessary to prepare Puerto Rico for the extension of those provisions of the United States Constitution not presently applicable, incorporation as a part of the United States, and subsequent consideration of legislation providing for the admission of Puerto Rico into the Union on an equal footing with other states and with citizenship, as provided under the Constitution". (Exh. 3).
16. Bill S. 472 is also before the Senate Energy and Natural Resources Commission. Said Bill provides for the holding of a referendum on Puerto Rico's political status. Said bill sets forth that the statehood option implies the "incorporation leading to statehood" during a transition period not to exceed 10 years, "unless Congress provides a longer period". Exh. 4, secs. 3(c)(1)(A) and 3(c)(1)(b).
17. The Popular Democratic Party is a principal political party under the provisions of Puerto Rico's Electoral Act. At the present time, it has minority representation in the Legislature and in the Government of Puerto Rico. It was the first to launch the "Estado Libre Asociado" (Commonwealth Status), as a self-governing instrument for the people of Puerto Rico; it worked toward its adoption in the Constitutional Reform that took place between 1950 and 1952; it stood behind it during the referendums that preceded its creation by the people of Puerto Rico; it has supported in its platforms every four years, from the year 1952, when it was established, up to the present time; during the 1967 and 1993 plebiscites it was successful in its representation and it is the sole party that postulates it, with its growth potential, as a final solution for the people of Puerto Rico's self determination. It has the duty and responsibility of offering Puerto Ricans, in the plebiscite to be held on December 13, 1998, the definition that it deems, in its own judgment, as descriptive of the present status and the potential of growth that the Commonwealth has, which is the end product of the political action generated as a collectivity (sic).
18. The plebiscite provided by Statute No. 249 of August 17, 1998, in which "the People express their preference from among the political statuses or petitions to the Federal Government regarding the scope of U.S. sovereignty over Puerto Rico and the political condition of the citizens residing on the Island"(Art. 2) with the purpose of "requesting the Federal Government redress for grievances", is one that will necessarily involve a decision by Puerto Ricans regarding the country's final destiny.
19. The Puerto Rican Legislature is powerless to be able to pass legislation on areas that are reserved for the People of Puerto Rico, affecting the decision on its political destiny and its relations with the United States, except when it comes to provisions for non-discriminating plebiscites regarding said legislation.
20. The legality of every legislation for the holding of a plebiscite or referendum, as is the case of Statute No. 249 of August 17, 1998, is subject to the provisions of the Bill of Rights of the Puerto Rican Constitution. Said Bill guarantees the voters, the political parties and political groups, the right to equal suffrage, free of any and all coercion, and the freedoms of speech and assembly, as well as equal protection under the law, due process, and electoral equity. It is also subject to Sec. 9 of Art. VI of the Constitution, which provides that "public properties and funds may be used solely for public ends and for the maintenance and operation of State institutions and, in any event, as empowered by the law". Furthermore, it is subject to Sec. 4, Art. VI of the Constitution. Said section states that "nobody may be deprived of the right to vote by reason of not knowing how to read, write, or not owning property".
21. As a consequence of the actions taken by defendants State Elections Commission, Juan R. Melecio, René Arrillaga Beléndez, Manuel Herrero García and Damarys B. Mangual Vélez. When the defendants gave force and effect to Statute 249 of August 17, 1998, plaintiffs Popular Democratic Party, Delia Castillo Ortiz, Gonzalo Fernós López, Elsa Tió Fernández and Gregoria Vázquez Rivera are suffering irreparable harm because they find themselves deprived and that their rights to equal suffrage, free of coercion, have been violated, as well as the right to freedom of speech and assembly, as well as the equal protection under the laws, due process, and electoral equity that is guaranteed to them under the Puerto Rican Constitution, are being violated. Due to the fact that the mentioned defendants have been speedily taking different actions that the Act requires for the organization and implementation of the plebiscite, making use of copious public funds allocated therefor, because the rest of the parties are already making use of their resources to participate in the plebiscite, and since all of the plebiscite's stages will end this coming December 13, plaintiffs have no adequate remedy through the ordinary process whereby their constitutional rights are protected, resorting to the extraordinary remedy of an injunction, in order to prevent their vulnerability if the holding of a plebiscite that is prejudicial and incompatible with a high level public interest; that is, that the decision on our country's final political status be the end result of a true and rational self-determination chosen by the People of Puerto Rico, is advanced.
FIRST CAUSE OF ACTION
1. Statute 249 of August 17, 1998, mandates a plebiscite that is discriminating and affects the decision of the people of Puerto Rico as to their political destiny and relations with the United States. By being discriminating, it invades areas reserved by the Constitution of Puerto Rico to the people and infringes upon said Constitution. Furthermore, it violates Sec. 9, Art. VI of same. Said portion makes allowance for the use of public funds for ends that are of public nature.
2. The status formulas that define the ELA (Commonwealth) [Art. 4 (2) (b) and to statehood [Art. 4(2) (a)], contained in the statute, unduly shifts the scale in favor of the statehood option and against the ELA option. The ballot and the ELA status formula definition is contradictory and does not provide for a vote in favor of the present juridistic status of the Commonwealth, recognized by the Puerto Rican Constitution and case law of the Supreme Court of Puerto Rico. Furthermore, it denies its growth and developmental ability and is written in the most possibly prejudicial way against political dignity and the electoral appeal of the ELA status formula.
3. The definition given to the ELA status formula states that the Congress "has delegated to the Island limited governing regarding strictly local issues, with its own constitution, and that said government shall be subject to the authority of the Congress". Under the ELA, Puerto Rico as a state, is a sovereign, autonomous political entity with sovereignty over matters and not governed by the United States Constitution.
4. The ELA option presented to the voters does not state that, under the ELA status, the ELA is an autonomous political entity governing matters that are not governed by the United States Constitution. The Act presents to the voters, on the ballot, the statehood option with a definition whose terms are inexact and slanted in favor of said option.
5. Voters are told that the statehood option entails "the incorporation of Puerto Rico to the Union of the United States of America as a sovereign state, on equal footing as to rights, responsibilities and benefits with the other states, retaining, additionally, sovereignty over those matters not delegated by the Constitution of the United States to the Federal Government." In the Act and on the ballot. The ballot leaves out that the statehood option will have Puerto Rico become an incorporated territory during a period of time that could be 10 years or more, at the will of Congress. This is, precisely, what is provided by HR 856, Exh. 2, section 4 (b) (1) (c)(iii), as well as the substitute belonging to the President of the Energy and Natural Resources Committee of the Senate, Exh. 3, section 1 (b) (3). The S. 472 Senate Bill also provides the above. Exh. 4, section 3 (c)(1) (B) and 3 (c)(1)(c). Voters are not told, either, that during the time that Puerto Rico is an incorporated territory, Puerto Ricans will be subjected to federal income and estate taxes, and will have no representation in the Congress (except for the Resident Commissioner), or be able to vote for the President and Vice President of the United States.
6. In the definition given to statehood, appearing under the statute and on the ballot, voters are told that there will be "equal representation in the Senate and proportionate representation in the House of Representatives", should Puerto Rico be admitted as a state, and "without undermining the representation of the other states". This statement is twisted and misleading. Puerto Rico could not be proportionately represented in the House, depending on its population, without undermining the representation of the other states in the House of Representatives. This has always been one of the major hurdles on the path to admit Puerto Rico as a state.
7. In the definition of the ELA, it is alleged that "English shall continue as the official language spoken in the federal agencies and courts that operate in Puerto Rico", without mentioning the possibility that the Spanish language be used in said agencies. On the other hand, the statehood formula definition that the Act contains does not tell the voters that, prior to the eventual admission as a state, while Puerto Rico remains as an incorporated territory, the use of the English language will be required in the public school's education. This is provided by section 4 (b) (1) © of HR 856 that was already passed by the House of Representatives and is now under the consideration of the United States Senate. The statehood definition contained in the Act, which appears on the ballot, is limited to state the following: "the provisions of the federal statute regarding the use of the English language in the federal government's agencies and courts in the 50 states of the Union shall apply as well to the state of Puerto Rico, as is happening now".
8. The discrimination that the Act establishes, favoring the statehood formula over the Commonwealth formula, invalidates the plebiscite that it orders be held this coming December 13, 1998.
SECOND CAUSE OF ACTION
1. Statute 249 of August 17, 1998 does not allow the Popular Democratic Party to stand for the ELA's status option without doing away with or betraying its platform and its political convictions. The status formula that the Popular Democratic Party has traditionally upheld and stood for is totally contrary to the definition contained by the Act as far as the formula for said status. The Popular Democratic Party rejected the definition of the ELA formula that the Act contains when it was debated in the Legislative Bodies.
2. The Act is impeding the Popular Democratic Party from propelling to the people, during the plebiscite to be held on this coming December 13, the ELA status formula and the ideals that it has stood behind during decades, with a substantial support from the Puerto Rican people. The only way it would be able to participate in the plebiscite process and receive the benefits and empowerments provided under the Electoral Act , and under Statute 249 of August 17, 1998, would be by supporting the ELA status option as defined by the Act, thus relinquishing its platform and political convictions.
3. The statute allows the political parties that stand for the status formulas of statehood and independence to participate in the plebiscite process and reap all the benefits and empowerments that the Act and the Electoral Act provide, on the basis of definitions of formulas for statehood and independence that both parties entirely agree with and that are representative of their platforms and political convictions.
4. By making such provision, the Act violates the principles of electoral equality and equal protection under the law, which are guarantees set forth by the Constitution of Puerto Rico. Furthermore, it deprives the popular Democratic Party of its rights to freedom of speech, of assembly, and due process, which are guaranteed by the Bill of Rights of the Constitution of Puerto Rico. The violation of these rights of the Popular Democratic Party invalidates the plebiscite that is ordained under Statute 249 of August 17, 1998, to be held this coming December 13th.
THIRD CAUSE OF ACTION
1. Statute 249 of August 17, 1998 provides that only the principal political parties or the groups that comply with the requirements of the law may officially represent one of the 4 status or petition options and receive the benefits and empowerments conferred by the law and by the Electoral Act, including the right to have its own representatives with voting rights before the State Elections Commissions, in the local commissions, unit boards and voting locations, as well as to appoint voting location functionaries.
2. The statute does not allow a political party or other political group to officially represent and stand for the option provided by the fifth column of the ballot, which is identified by the phrase "None of the Preceding". The Statute expressly provides that said column "is included with the purpose of providing a tool whereby each voter may be able to exercise his right to freedom of speech and that "no political party, group, organization or entity may undertake the official representation of an option under said column in order to invoke the provisions of this Statute that have to do with electoral representation, the allocation of funds, or any other responsibility or faculty conferred by the present Act". Art. 4(2).
3. By virtue of the above, the popular Democratic Party is enjoined from undertaking the official representation of the option appearing on the column with the phrase "None of the Preceding", without being able to receive the benefits and faculties conferred by the Statute and by the Electoral Act of Puerto Rico, as regards to the allocation of funds and the electoral representation before the State Elections Commission, the local commissions, unit boards, and voting locations.
4. Furthermore, the Statute provides that, if the duly registered Popular Democratic Party abstains or does not participate in the plebiscite in support of one of the four status or petition options, its electoral commissioner will not have the right to vote on the findings that the Commission may require, with regards to said plebiscite and that said party may not participate in the local commissions or have the right t representation before the unit boards or voting locations (colegios electorales).
5. By forcing the Popular Democratic Party to abstain from participating in the plebiscite, said party is being deprived of its fundamental rights guaranteed by the constitution of Puerto Rico: electoral equality, freedom of speech, equal protection under the laws, the freedom of assembly and due process. The violation of these rights invalidates the plebiscite that Statute 249 of August 17, 1998, orders be held on December 13, 1998.
FOURTH CAUSE OF ACTION
1. Plaintiffs Delia Castillo Ortiz, Gonzalo Fernós López, Elsa Tió Fernández and Gregoria Vázquez Rivera are duly registered voters affiliated to the Popular Democratic Party.
2. The definition that the Act contains for the ELA status formula does not allow them to exert their suffrage rights, free of any coercion, by way of voting in favor of the ELA status formula that the Popular Democratic Party has stood for traditionally, to which they subscribe too, in order to define the final political destiny of Puerto Rico. They totally disagree with the ELA status definition under the Act and their consciences stands in the way of their voting for said status formula.
3. The Statute requires that plaintiffs embrace, in the plebiscite consultation process, an ELA status formula in favor of which they cannot vote for without violating their conscience. Although they could exercise their suffrage rights during said consultation by voting under the ballot column bearing the title "None of the Preceding", said option is totally inadequate for an affirmative and efficient vote in favor of the ELA status formula that they subscribe to and are interested in supporting with their votes in the plebiscite for the final political destiny of their country.
4. By virtue of the above, Statute 249 of August 17, 1998 forces the four mentioned plaintiffs to abstain from voting in the plebiscite, which is tantamount to deprive them of their fundamental right to vote.
5. The definitions that the Act contain regarding the statehood option or status, the independence status option and the free association option or status allow the voters who favor said formulas to vote affirmatively and efficiently during the plebiscite to be held December 13 of 1998, whereas this opportunity is being denied to the four voting plaintiffs.
6. The restrictions imposed by the Act to the Plaintiffs' fundamental right to cast an affirmative and efficient vote in favor of the ELA status formula that they subscribe to are severe, unreasonable, and discriminate against the plaintiffs based on their political ideas. Said restrictions violate the provisions of the first section of Art. II of the Constitution of Puerto Rico. Furthermore, it places the four plaintiffs in an unequal footing with the voters who favor statehood, independence or free association, which may cast an efficient and affirmative vote, all in violation of the electoral equality principle and the right to equal protection under the laws, guaranteed by the Constitution of Puerto Rico.
7. The Constitution of Puerto Rico guarantees the plaintiffs the opportunity to express their will by way of a free, equal and direct suffrage during the plebiscite consultation and, in addition, protects them against any coercion in the exercise of their voting prerogative. Art. II, Sec. 2. This constitutional provision also imposes upon the State the obligation of taking every necessary, affirmative measure in order to protect the rights of the plaintiffs to cast their votes efficiently, according to what their consciences dictates.
8. The Statute violates every right to equal protection under the laws, freedom of speech and of assembly, due process and electoral equality that the Constitution of Puerto Rico guarantees to the four voting plaintiffs. It also infringes upon the plaintiffs' constitutional right to equal suffrage, free of all coercion, pursuant to the provision set forth in Sec. 2 of Art. II of the Constitution of Puerto Rico. The violation of the constitutional rights of the four plaintiffs, set forth in paragraphs 1 to 8 of this cause of action, invalidate the plebiscite that Statute 249 of August 17, 1998 ordains be held on December 13, 1998.
FIFTH CAUSE OF ACTION
1. The Act provides for a plebiscite consultation that is confusing, misleading, and does not offer the voter the opportunity to express his free will as regards to the alternatives or status options and final political destiny of Puerto Rico. It submits to Puerto Rican voters four options that it calls "political status or petitions made to the Federal Government regarding the scope the U.S. sovereignty over Puerto Rico and the political condition of the citizens residing on the Island". Art. 2. In the Statement of Motives/Purposes and Article 1 it is stated that said options are the only "realistic and viable" ones, although it admits that they are incomplete because there has been an elimination..." the accessory elements...that would fall under the scope of something that would be 'desirable' for each ideology sector participating in this process"; therefore, "the aspirations or desires that each ideological sector...will be scheduled to take place during the negotiation phase, after the voters have expressed their electoral mandate". These phrases are confusing, ambiguous and misleading. They are being used to attempt to justify and, at the same time, disguise the statute's provisions concerning opinions and the definitions of same that the plebiscite submits to the voters. The fact is that, during the plebiscite, voters are told to take some action on the status and final political destiny of Puerto Rico, and that the definitions given to the political status formulas under the statute are incomplete, misleading and unconstitutional.
2. In order the give the false impression that the House of Representatives of the U.S. Congress issued its approval to the definitions that the Act contains for the status options, contained in Art. 4 (2) of the statute, voters are told that same have been written "exclusively in conformity with the parameters set forth by the House of Representatives of the 105th Congress of the United States through HR 856, known as the 'United States - Puerto Rico Political Status Act'". This statement is reiterated by providing that the State Elections Commission will design the ballot to be used in the plebiscite, with one column for each of the "Four [4] petition options within the parameters of the status formulas approved by the House of Representatives, with the 105th Congress of the United States, as to HR 856, known as the 'United States - Puerto Rico Political Status Act'". Both statements are false. They are being used to mislead and confuse the voters who will take part in the plebiscite.
3. The truth is that the political status options included on the ballot are very different from the status formulas approved by the House of Representatives in HR856. None of them follows the parameters of said status formulas, in particular written up "exclusively within the parameters established by the House of Representatives". These slick phrases only serve to confuse and mislead the voters, and induce them to register and vote in the plebiscite.
4. The Free Association option included in the Act and on the ballot does not appear in HR-856. The Act gives the false impression that said option was approved by the United States House of Representatives, with the purpose of splitting up the voters affiliated to the Popular Democratic party. The provisions of Art. 10 of the Act also contribute toward the stated discriminatory purpose by allowing groups or organizations to represent their status of preference, including Free Association as an option, filing with the Commission a number of endorsement petitions equivalent "no less than 3% of all voters who voted in the 1993 plebiscite in favor of the status that received the least number of votes during said consultation". However, in harmony with the electoral statute now inn force, to be accredited as a party by petition with the purpose of appearing on the voting ballots of general elections, a group of citizens must file sworn petitions. This group of voters must not "be fewer than 5% of the total votes deposited for all the candidates running for the governorship during the preceding general elections'. 16 L.P.R.A., §3101 (acum. Sup. 1998).
5. The definition given to the Free Association option under the law, shown on the ballot, apart and separately from the independence option, has been written in terms that are used deliberately to confuse the voters who are affiliated to the Popular Democratic Party. This is so because on the ballot it will have a number, with no other identification, and the definition uses terms that could persuade the voters into believing that it represents the ELA status formula(sic).
6. The Act provides that the ballot to be used for the plebiscite will show solely, on the portion above the columns, each one of the four options, a number randomly assigned. Art. 4(2). Contrary to what HR 856 provides, which has been passed by the House of Representatives, the options are not identified with the status they correspond to: Commonwealth, Independence, Separate Sovereignty and Statehood. The use of numbers and absence of the proper identification confuses and misleads the voters who will be participating in the plebiscite. Neither the State Elections Commissions nor the parties or groups participating in the plebiscite are able to dispel the misguiding and misleading effect that the use of numbers on the ballot will have, given the short period time of sixty days that, according to the Act, will transpire between the proclamation of the plebiscite and the day it is to be held.
7. Other confusing and misleading elements for the voters are found in the definitions that the Act prescribes for the petition options consigned for in Art. 4(2) of the Act. The option that corresponds to the ELA status formula denies its ability to grow and develop, and it has been written up in the most prejudicial, possible way against political dignity and to the voters' attraction (sic) to same. Furthermore, it is twisted and misleading because it states that, under the ELA, the Congress has delegated upon Puerto Rico a limited government to deal with matters strictly local, having its own constitution, and that said government shall be subject to the powers of the Congress (Art. 4(2) (b), without mentioning that, under the ELA, Puerto Rico, as a state, is a sovereign, autonomous entity with regards to matters that are not governed by the Constitution of the United States.
8. The statute that ordains the holding of the December 13th, 1998 plebiscite does not have the elements that are necessary so that the voters can vote knowledgeably as to cause (sic) and may make a full, rational decision. In addition, it has a plethora of information, factors, affirmations and other inexact elements, giving way to confusion and misleading the voters who take part in the process. This situation seriously affects electoral purity and damages the rights of the Popular Democratic Party and the four voting plaintiffs, to wit: the right to equal and coercion-free suffrage; the freedom of speech/expression and of assembly; the equal protection under the laws, due process and electoral equality. Said violations invalidate the plebiscite ordained by the Statute to be held on December 13, 1998.
SIXTH CAUSE OF ACTION
1. Plaintiff Gregoria Vázquez Rivera is a duly registered voter of the Municipality of Naranjito, holding voter ID number 0318964, who does not know how to read.
2. The absence of symbols designating the different status or petition options keep Gregoria Vázquez Rivera from exerting her right as a voter to suffrage, in violation of the guarantee provided in Sec. 4 of Art. VI of the Constitution of Puerto Rico to the effect that "nobody will be divested of the right to vote by not being able to read".
3. The absence of symbols on the ballot to designate the status or petition option, which the Act has ordained to be used for the plebiscite, also violates the rights that Gregoria Vázquez Rivera has, as a voter, to the equal protection under the laws, freedom of speech/expression, due process and electoral equality, which are guaranteed by the Bill of Rights of the Puerto Rican Constitution.
4. The violations to the Constitution of Puerto Rico, as above stated, invalidate the plebiscite that Statute 249 of August 17, 1998, ordains to be held on December 13, 1998.
PRAYER
WHEREFORE, plaintiffs very respectfully ask this Hon. Court to enter a judgment: (1) granting the preliminary or permanent injunction that will stay all the actions of the State Elections Commission to put into effect Statute 249 of August 17, 1998, and all the expenses paid out of public funds to said effect, in keeping with the provisions of Rule 57 of Civil Procedure of 1979, 32 L.P.R.A., Ap. III, R. 57 and Art. 3 of the Act that authorizes an injunction as a recourse, 32 L.P.R.A., Sec. 3524; and (2) to find said Act as unconstitutional because it violates the rights that the plaintiffs assert in the complaint and which are guaranteed by the Constitution of Puerto Rico.
RESPECTFULLY SUBMITTED in San Juan, Puerto Rico, this 2nd day of September, 1998.
LINO J. SALDAÑA
CARMEN MERCEDES DOMÍNGUEZ
JOSÉ HERNÁNDEZ MAYORAL
CARLOS DEL VALLE VÉLEZ
Attorneys for Plaintiffs
Chase Manhattan Bank Bldg.
Office 810
254 Muñoz Rivera Avenue
Hato Rey, PR 00918
Box 13954
Santurce, PR 00908
Tel. 753-4646
Fax. 753-4747
(Signed) Lino J. Saldaña
Lic. No. 1132
SWORN STATEMENT
I, Aníbal Acevedo Vilá, of age, married, attorney and resident of Guaynabo, Puerto Rico, under the most formal oath hereby state:
That the above stated is the truth, in witness whereof, I hereby sign this document under oath. San Juan, Puerto Rico, Sept. 2, 1998.
(Signed): Aníbal Acevedo Vilá
Affidavit No. -0107-
Sworn and signed before me by Aníbal Acevedo Vilá, having the above mentioned circumstances and I hereby attest that I know personally. San Juan, Puerto Rico, September 2, 1998.
(Signed): Illegible Signature
**************
Translator's Note No. 1:
To the left of the above illegible signature appears a stamp/seal.
In addition, the document bears 5 canceled revenue stamps, with the handwritten numbers corresponding to each, and the handwritten date of 4/9/98.
Translator's Note 2:
The Certified Translator who has translated this document from Spanish to English found the following situation with the Spanish original: in some cases, the contents of some of the paragraph were written in unclear syntax, word order and complete thoughts. Therefore, it is possible that said situation may appear in the translation, although the undersigned translator has made an effort and taken poetic license to make said portions more intelligible, at her professional discretion, aiming not to infringe upon the content and substance of the original.
IT IS SO CERTIFIED.
Myra López, U.S. Certified
Interpreter/Translator
Federal Examiner
Click here for the court decision upholding Federal Jurisdiction of PDP Plebiscite Suit
Click here for related article from The San Juan Star
|
|
|
|
|
|
