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Puerto Rico Herald Guide:
The 1998 Puerto Rico Political Status Plebiscite
When: Sunday, December 13, 1998
Where: The US Territory of Puerto Rico
Who: The 3.8 Million US Citizens of Puerto Rico
Expected Voter Turnout: Over 80 percent of eligible
voters, about 2.2 million, highest in the US
What: A non-binding referendum in which the voters of
Puerto Rico will choose their future political status among the
following options:
- Ballot Option #1: Status Quo (Commonwealth) Puerto
Rico remains a US territory, US sovereignty, nationality and
citizenship subject to the authority of Congress to continue
or alter the current status of the territory and those born there.
- Ballot Option #2: Free Association A form of independence
with a close US treaty association, Puerto Ricans can seek permissive
US citizenship under treaty, but current US citizenship at birth
ends and treaty association including citizenship is not constitutionally
guaranteed and can be ended at any time by either the US or Puerto
Rico.
- Ballot Option #3: Statehood Puerto Ricans have all
the rights, responsibilities and benefits of one of the fifty
states including full and guaranteed US citizenship.
- Ballot Option #4: Independence - Puerto Rico becomes an independent
nation and US citizenship ends in favor of Puerto Rican citizenship.
- None of the Preceding No expression of support for
any political status option results from a vote for 'None of
the Proceeding'.
Why: A new legitimate political status (Congress rejected
as unconstitutional and incapable of implementation the commonwealth
definition included in the 1993 Plebiscite) supported by a majority
of the territory's electorate must be determined as less than
a majority of Puerto Ricans approved the commonwealth status quo
(in effect since 1952) in the 1993 plebiscite, but 95% supported
a permanent union with the US and irrevocable US citizenship which
the current status does not provide.
Action: The Governor will certify the results of the
plebiscite to the President and to the Congress of the United
States in order to implement the political status that is favored
by the People of Puerto Rico.
Political Party Status Affiliations:
- Commonwealth Popular Democratic Party (PDP), Aníbal
Acevedo Vila, President
- Statehood New Progressive Party (PNP), Governor Pedro
Rossello, President
- Independence Popular Independence Party (PIP), Ruben
Berrios, President
The Political Parties & The Status Options:
- The referendum is a vote on what is best for the people of
Puerto Rico. The vote is not about party personalities or party
politics.
- If a permanent status were chosen (independence or statehood),
the political parties would no longer be distracted or defined
by the status issue and could devote their full attention to
the serious economic problems facing the island.
QUESTIONS & ANSWERS
1. Why is this plebiscite being held now?
A. The 1993 Puerto Rican plebiscite left unresolved the island's
political status, continuing for a century US rule over this American
territory acquired in the Spanish-American War of 1898. The plebiscite
seeks to resolve this issue by offering Puerto Rico's voters status
options that are constitutionally capable of implementation.
2. Getting back to the 1993 plebiscite, why is the plebiscite
necessary as the commonwealth option won then?
A. The commonwealth status quo only prevailed by a plurality,
the first time since 1952 in which a majority of Puerto Rico's
voters rejected the status quo. Moreover, its winning formula
could not be given full credence because it contained proposals
that were unconstitutional including permanent union with the
US and a guarantee of American citizenship, both of which can
only be achieved through statehood.
3. But wasn't this issue unsuccessfully addressed just this
year in Congress?
A. Not true. The House of Representatives passed the U.S-Puerto
Rico Political Status Act (HR 856) by a vote of 209-208 in March
calling for a Federal plebiscite under congressionally approved
status option definitions. Time ran out before the Senate could
act on a companion bill but it unanimously passed Senate Resolution
279 which endorsed a Puerto Rico status plebiscite, the results
of which it would review.
4. Nevertheless, what's the purpose behind the plebiscite
since it's non-binding on Congress?
A. This plebiscite is not unlike all other territorial status
referendums which were also non-binding since congress can not
be compelled to act on the results under the constitution. However,
given the sentiment among lawmakers for Puerto Rico's decolonization,
a majority vote for statehood, free association or independence
is expected to find a receptive audience in Washington.
5. What are the status options offered?
A. The territorial status quo (commonwealth), separate sovereignty
(free association or independence) and statehood. Separate sovereignty
and statehood are the two paths to full self-government.
6. What's this 'None of the Preceding' option about?
A. In 1993 the Puerto Rico Supreme Court ruled that this option
must be offered to voters who do not prefer any of the other status
options presented in a status plebiscite. For example, some might
want Puerto Rico returned to Spanish rule or for the territory
to become politically a part of another state (e.g., New York
or Florida) or ,even, another territory (e.g., Virgin Islands).
7. Why then is the pro-commonwealth party, the PDP, supporting
this option, shouldn't they be backing commonwealth?
A. Yes, the PDP should normally be backing commonwealth status
quo, but it claims the status quo definition in the plebiscite
is not legally valid and is therefore directing its party members
to vote against all the options by selecting 'None of the Preceding.'
8. Then why didn't the PDP put forth its own plebiscite
definition to either Congress or the Puerto Rico legislature?
A. They claimed that the definition in 1993 plebiscite was
accurate even though it was rejected when Congress passed HR 856.
The PDP presented their own new definition only after the congressional
vote on HR 856 and after Puerto Rico enacted the 1998 plebiscite
law. Regardless, the new definition has been called a 'warmed
over version' of the same constitutionally defective 1993 option.
9. Didn't the PDP sue to stop the plebiscite because it
claimed that the commonwealth plebiscite definition was inaccurate?
A.
(1)Yes. They have brought suit in Puerto Rico's local courts to
stop the plebiscite claiming that it contravenes the territory's
constitutional definition of commonwealth. The government has
successfully removed the case to federal court saying the issue
of Puerto Rico's relationship with the US, which the plebiscite
seeks to resolve, is a federal question.
(2)The PDP abandoned the suit when a Federal Appeals Court ruled
that the plebiscite raised a federal question because Congress
had power over Puerto Rico under the Constitution's Territorial
Clause.
10. If statehood, independence or free association wins
a majority, what happens?
A. A petition will be presented to congress and the president
to implement the winning status choice. Given that lawmakers want
to begin Puerto Rico's decolonization, after 100 years of American
rule, it is expected that Congress will seriously consider executing
legislation.
11. Do Puerto Ricans really believe Congress will make Puerto
Rico the fifty-first state if they vote for it?
A. Every territory that voted for statehood was eventually
admitted to the Union. There's no reason to believe that congress
would not respond affirmatively to a vote by the territory's 3.8
million U.S. citizens to petition for statehood.
12. What happens if no option receives a majority, or if
the commonwealth option receives a majority?
A.
(1) The territorial commonwealth will continue, with limited local
self-government subject to legislative authority; but Congress
has established that this status is only temporary and that Puerto
Rico must be decolonized. In the future, other plebiscites will
take place until full self-government is achieved.
(2) If no majority is obtained for any of the permanent status
options, the U.S. Congress has the power to decide that Puerto
Rico must become independent.
13. Who defined the status options?
A. The definitions contained in the plebiscite bill follow
those set forth in HR 856, the US-Puerto Rico Political Status
Act, which was passed by the US House of Representative on March
4, 1998. These definitions were found to be consistent with the
U.S Constitution, congressional findings and international law
and capable of implementation.
14. How will US citizenship, conferred on Puerto Ricans
in 1917, be affected under the various status options?
A.
(1) Commonwealth Status Quo - U.S. citizenship will remain statutory
and can be revoked by Congress.
(2) Free Association - Puerto Ricans can retain their statutory
US citizenship for life and possibly thereafter (for descendants
as well) if the US agrees and as long as free association, which
is not constitutionally permanent and can be terminated unilaterally
by either party, continues.
(3) Statehood - Puerto Ricans will be constitutionally guaranteed
their US citizenship.
(4) Independence US citizenship ends in favor of Puerto
Rican citizenship.
15. How is the use of English in Puerto Rico dealt with
in the statehood and commonwealth status quo definitions?
A. (1) Under statehood English would remain the official language
of the Federal Government in Puerto Rico to the same extent it
is throughout the other states of the US. English and Spanish
would continue to be the new state's official languages.
(2) Under the commonwealth status quo English would still be
the official language of the Federal government in Puerto Rico.
However, Congress could impose further English language requirements
on the territory. In fact, Rep. Burton (R-IN) has proposed legislation
that could require students to obtain a minimum of proficiency
in the English language.
16. How else do the status options differ from one another?
A.
(1) Under independence or free association bilateral treaties
will determine if Puerto Rico gets US foreign aid and special
trade terms and the extent to which US property and employment
rights will be honored.
(2) Statehood will provide all US Constitutional benefits to
Puerto Rico and Puerto Ricans including congressional representation,
the presidential vote and the obligation to pay federal taxes.
17. How would federal taxation be affected by the commonwealth
status quo and statehood options?
A.
(1) With statehood, U.S. citizens in Puerto Rico would contribute
federal taxes and receive federal benefits on the same basis as
U.S. citizens in the other states. Most Puerto Ricans, however,
do not earn enough to pay federal income taxes. (see next question).
(2) Under commonwealth, Congress could impose full federal taxation,
including the income tax, at any time. In fact, Congressman English
of Pennsylvania recently proposed that the Department of Treasury
study the cost of Puerto Rico and the options for increasing taxation
on the island.
18. Would the federal income tax mean a higher tax burden?
A.
(1) No. Federal studies show that most Puerto Ricans would pay
no federal income tax, after taking account of deductions, exemptions,
and income levels.
(2) Most Puerto Ricans would also get a check from the federal
government of up to $3,700, through the earned income credit.
19. Would federal benefits be any different under the various
status options?
A.
(1) Under commonwealth the unequal treatment of Puerto Rico and
its U.S. citizens can legally continue. Some state programs do
not operate at all in Puerto Rico while others are subject to
lower benefits and different eligibility requirements such as
Medicaid which is funded at a quarter of what a state would
receive.
(2) With statehood, U.S. citizens in Puerto Rico would receive
federal benefits on an equal basis with U.S. citizens in any other
state. Puerto Rico would get at least $1.4 billion more each year
for children, health coverage, education, income support, public
safety, and other programs.
(3) With independence and free association, federal benefits
would effectively end. Any foreign aid would be subject to negotiation
with the U.S. Earned benefits through federal service or Social
Security would continue. Education, income support, social security,
and health care programs would become the responsibility of the
Puerto Rican government.
20. What has been the impact of the phase-out of Section
936?
A. In 1996, Congress voted to end Section 936, a federal tax
incentive for U.S. business operating in Puerto Rico. Contrary
to predictions, the Puerto Rican economy has not collapsed. The
economy continues to grow at a moderate rate.
21. Which status option is best for the economy of Puerto
Rico?
Puerto Ricans earn a third as much as U.S. citizens on the
mainland, one half in comparison to Mississippi, the poorest U.S.
state. Since 1972, Puerto Ricans haven't closed the gap with the
mainland at all. Unemployment is consistently double or triple
the mainland rate.
A.
(1) Commonwealth advocates claim that the existing status quo
is the basis for Puerto Rico's successful growth. The flexibility
to offer tax breaks and other incentives, they argue, has been
an important factor in attracting investment to the island.
(2) Statehood proponents contend that statehood would stimulate
higher investment, faster growth and better jobs. Statehood would
eliminate the uncertainty that holds back growth, and create a
permanent status to attract investment. They observe that states
have grown faster than territories, and that Hawaii and Alaska
boomed with statehood.
(3) Independence supporters argue that economic integration with
the us no longer provides real benefits. They claim that the economy
would fare better if Puerto Rico was an independent nation separate
from the U.S. with complete control of the economy, environmental
regulations, taxes, treaties and the currency.
22. Shouldn't the plebiscite be postponed to allow for full
recovery from Georges and won't the billions of dollars in federal
relief aid influence voters to support statehood?
A.
(1) While there is still a lot of re-building ahead, Puerto Rico
is now almost back to normal as electricity, water and other essential
services have been restored to most of the island.
(2) Puerto Ricans are fortunate that federal FEMA relief aid
is providing the assistance to help them get their lives back
to normal. That this is one of the benefits of permanent union
with the US, so be it.
Click here
for the Puerto Rico Political Status Plebiscite Act of 1998
Click here for
Status Definitions
Click here for Self-Determination
Legislation
Click here
for answers to questions regarding Puerto Rico Self-Determination
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