2012 Puerto Rican status referendum

A referendum on the political status of Puerto Rico was held in Puerto Rico on November 6, 2012. Puerto Ricans were asked whether they agree to continue with the current territorial status, and were then given three choices of alternative political status to choose from: statehood, independence, or a sovereign nation in free association with the United States.

This was the fourth referendum held to decide on the political status of Puerto Rico. Previous ones were held in 1967, 1993, and 1998.

The referendum resulted in 53.9% of voters voting against maintaining the political status, and 61.9% opting for statehood if status is to be changed. Therefore, Puerto Rico's nonvoting Resident Commissioner is expected to introduce congressional legislation admitting Puerto Rico to the Union. As with other bills, it would have to pass both the House and the Senate, and be signed by the President of the United States, or, if vetoed, be overridden by 2/3 of each of the House and Senate to become law.

Background

In June 2011, the United Nations Special Committee on Decolonization asked the United States to expedite the process for political status self-determination in Puerto Rico. Puerto Rico, unlike several other U.S. territories such as Guam, American Samoa, and the U.S. Virgin Islands, is not on the United Nations list of Non-Self-Governing Territories. However, as it is not a state, its citizens do not have the right to full representation in the U.S. Congress. Furthermore, although anyone born in Puerto Rico is a U.S. citizen, U.S. citizens living in Puerto Rico may not vote in presidential elections. On December 28, 2011, Governor Luis Fortuño authorized the referendum for November 6, 2012.

Question

The referendum's ballot consisted of two questions. Voters were asked first whether they wanted the current territorial status to continue. Regardless of how voters answered that question, they were then asked to express their preference among the three alternatives to the current status: statehood, complete independence, or nationhood in free association with the United States. The options for the second part of the question were as follows:

• Statehood: "Puerto Rico should be admitted as a state of the United States of America so that all United States citizens residing in Puerto Rico may have rights, benefits, and responsibilities equal to those enjoyed by all other citizens of the states of the Union, and be entitled to full representation in Congress and to participate in the Presidential elections, and the United States Congress would be required to pass any necessary legislation to begin the transition into Statehood."
• Independence: "Puerto Rico should become a sovereign nation, fully independent from the United States and the United States Congress would be required to pass any necessary legislation to begin the transition into independent nation of Puerto Rico."
• Sovereign Free Associated State: "Puerto Rico should adopt a status outside of the Territory Clause of the Constitution of the United States that recognizes the sovereignty of the People of Puerto Rico. The Sovereign Free Associated State would be based on a free and voluntary political association, the specific terms of which shall be agreed upon between the United States and Puerto Rico as sovereign nations. Such agreement would provide the scope of the jurisdictional powers that the People of Puerto Rico agree to confer to the United States and retain all other jurisdictional powers and authorities."

Criticism

Since its announcement, the status referendum has been criticized by members of all political parties, including the New Progressive Party (PNP) that proposed it. Former Governor of Puerto Rico Pedro Rosselló (from the PNP) claimed that the choices in the ballot are "confusing" and might cause "an indefinition that, in the end, will bring more of the same: the continuous status quo." Another former Governor from the PNP, Carlos Romero Barceló, also argued that "the content and language of the formulas will confuse the voter."

Members of the other parties also criticized the referendum. Former Governor of Puerto Rico Rafael Hernández Colón (from the PPD) argued that the project "doesn't follow the recommendations of the White House report on Puerto Rico neither on its content, nor its date." He also criticized the definition used for the Estado Libre Asociado, which is the current status and the one his party defends. Hernández Colón recommended following the seventh recommendation on the White House report, which is to "work from the island to go to the White House with a project for Congress, to push them into establish real status options for the voters to choose from." Another member of the PPD, Senator Eduardo Bhatia said that the status referendum was "a trick" and assured that the results wouldn't have any value in Washington, DC because "it's an illegitimate and badly designed consult."

Other members of the minority parties agreed with the criticism. After a poll in a local newspaper presented contradicting results, Rogelio Figueroa, gubernatorial candidate and co-founder of the Puerto Ricans for Puerto Rico Party (PPR) argued that the poll was proof the status referendum wouldn't solve the status issue. He also claimed that the project was just a way for the two main parties to "perpetuate themselves".

Results

With 2,402,941 enrolled to vote and 1573 of 1643 polling stations reporting, 2,351,158 enrolled voters have been accounted for. Of those, 1,827,021 voted, giving 77.71% voter participation with 95.74% of polling stations reporting. Puerto Rico's Resident Commissioner Pedro Pierluisi and outgoing Governor Luis Fortuno have stated that they will present the results to the Obama administration and leaders of the United States Congress. President Obama has said that he will support the will of the Puerto Ricans if there was a clear majority.

First part: Do you agree that Puerto Rico should continue to have its present form of territorial status? Choice Votes Percentage No 934,238 53.99% Yes 796,007 46.01% Valid votes 1,730,245 94.7% Blank votes 64,123 3.5% Invalid votes 12,720 0.7% Total votes 1,827,021 100.00% Source:

Second part: Regardless of your selection in the first question, please mark which of the following non-territorial options would you prefer. Choice Votes Percentage Statehood 802,179 61.15% Sovereign Free Associated State 436,997 33.31% Independence 72,551 5.53% Valid votes 1,311,727 71.8% Blank votes 468,478 25.64% Invalid votes 17,602 1% Total votes 1,827,021 100.00% Source: