[JPRT 106-COMMITTEE]
[From the U.S. Government Publishing Office]
106th Congress, Serial No.
COMMITTEE PRINT
1st Session 106-A
_______________________________________________________________________
THE RESULTS OF THE 1998 PUERTO RICO PLEBISCITE
__________
REPORT
by
CHAIRMAN DON YOUNG AND
SENIOR DEMOCRATIC MEMBER
GEORGE MILLER
TO MEMBERS,
COMMITTEE ON RESOURCES
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November 19, 1999.
U.S. GOVERNMENT PRINTING OFFICE
61-203 cc WASHINGTON : 1999
COMMITTEE ON RESOURCES
DON YOUNG, Alaska, Chairman
W.J. (BILLY) TAUZIN, Louisiana GEORGE MILLER, California
JAMES V. HANSEN, Utah NICK J. RAHALL II, West Virginia
JIM SAXTON, New Jersey BRUCE F. VENTO, Minnesota
ELTON GALLEGLY, California DALE E. KILDEE, Michigan
JOHN J. DUNCAN, Jr., Tennessee PETER A. DeFAZIO, Oregon
JOEL HEFLEY, Colorado ENI F.H. FALEOMAVAEGA, American
JOHN T. DOOLITTLE, California Samoa
WAYNE T. GILCHREST, Maryland NEIL ABERCROMBIE, Hawaii
KEN CALVERT, California SOLOMON P. ORTIZ, Texas
RICHARD W. POMBO, California OWEN B. PICKETT, Virginia
BARBARA CUBIN, Wyoming FRANK PALLONE, Jr., New Jersey
HELEN CHENOWETH-HAGE, Idaho CALVIN M. DOOLEY, California
GEORGE P. RADANOVICH, California CARLOS A. ROMERO-BARCELO, Puerto
WALTER B. JONES, Jr., North Rico
Carolina ROBERT A. UNDERWOOD, Guam
WILLIAM M. (MAC) THORNBERRY, Texas PATRICK J. KENNEDY, Rhode Island
CHRIS CANNON, Utah ADAM SMITH, Washington
KEVIN BRADY, Texas CHRIS JOHN, Louisiana
JOHN PETERSON, Pennsylvania DONNA MC CHRISTENSEN, Virgin
RICK HILL, Montana Islands
BOB SCHAFFER, Colorado RON KIND, Wisconsin
JIM GIBBONS, Nevada JAY INSLEE, Washington
MARK E. SOUDER, Indiana GRACE F. NAPOLITANO, California
GREG WALDEN, Oregon TOM UDALL, New Mexico
DON SHERWOOD, Pennsylvania MARK UDALL, Colorado
ROBIN HAYES, North Carolina JOSEPH CROWLEY, New York
MIKE SIMPSON, Idaho RUSH D. HOLT, New Jersey
THOMAS G. TANCREDO, Colorado
C O N T E N T S
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Page
Summary.......................................................... 5
Background....................................................... 5
Plebiscite History............................................... 6
Conclusion....................................................... 6
Appendix A................................................... 8
Appendix B................................................... 9
Appendix C................................................... 11
Appendix D................................................... 41
``The Results of the 1998 Puerto Rico Plebiscite''
Summary
On December 13, 1998, the government of Puerto Rico
conducted a political status plebiscite under local election
laws. The 1998 vote was an important effort by the local
government to advance a process of self-determination leading
to resolution of the political status of Puerto Rico. However,
the plebiscite was inconclusive because the results do not
constitute a clear expression of the will of the United States
citizens of Puerto Rico regarding their ultimate political
status. Congress should establish by federal statute a
structured process of self-determination through which the
ultimate political status of Puerto Rico can be resolved based
on the constitutionally valid status options that Congress is
willing to consider.
Background
On December 14, 1994, and again on January 23, 1997, Puerto
Rico's Legislative Assembly formally petitioned Congress to
sponsor a referendum on the future political status of Puerto
Rico. Puerto Rico's petitions to Congress requested that the
referendum be based on status definitions Congress judges to be
compatible with the U.S. Constitution and federal law. See, H.
Rept. 104-713, Part 1, pp. 50 & 51 and H. Rept. 105-13 1, Part
1, pp. 68 & 69.
The House responded to Puerto Rico's petitions on March 4,
1998, by approving H.R. 856, the United States-Puerto Rico
Political Status Act, legislation to sponsor a status
referendum on constitutionally valid options defined by federal
law. On September 17, 1998, the United States Senate approved
Resolution 279, supporting self-determination for Puerto Rico
and confirming the authority of Congress to determine the
ultimate status of Puerto Rico. While the approval of these
measures demonstrated bipartisan support for self-determination
and status resolution, the 105th Congress adjourned without
approving final legislation authorizing a federally recognized
self-determination process for Puerto Rico.
On August 17, 1998, while deliberations in Congress on the
measures described above were on-going, the Legislative
Assembly of Puerto Rico approved Public Law 249, authorizing a
plebiscite under local law to be administered consistent with
any measure Congress might adopt. Specifically, this local
statute provided for a ballot presenting any status definitions
approved by Congress prior to the vote, or, in lieu thereof if
Congress failed to act, definitions prescribed by the
Legislative Assembly of Puerto Rico based on the House passed
bill (H.R. 856) and applicable U.S. Supreme Court rulings.
Because Congress did not sponsor a status vote before
adjourning, by operation of the local plebiscite statute a
status vote was held in Puerto Rico under local election laws
on December 13, 1998. The definitions of status options on the
plebiscite ballot were those prescribed by the local law and
appear in Appendix A.
On February 22, 1999, the results of the vote held on
December 13, 1998, were certified by the Governor of Puerto
Rico, and appear at Appendix B. Thereafter, in a letter dated
April 16, 1999, the Chairman of the Committee on Resources
invited the three principal local political parties to present
their views on the 1998 status vote for consideration by the
Committee. In addition, an organization in Puerto Rico that was
certified by the local election commission to advocate its
interpretation of free association requested to submit its
views on the 1998 vote to the Committee. The requesting letters
and the materials submitted by these local political entities
appear at Appendix C.
The record before the Committee indicates that this
plebiscite was yet another impressive demonstration of the
vitality and orderliness of the local constitutional and
democratic process in Puerto Rico, with more than 71 percent of
eligible voters participating in a lawfully conducted voting
process. All three major parties, the New Progressive Party
(NPP), the Popular Democratic Party (PDP) and the Puerto Rico
Independence Party (PEP), as well as other organizations and
individuals with a wide range of differing views, campaigned
vigorously, freely and openly.
Although there were legal challenges to the plebiscite law
in the courts, these were resolved without judicial
intervention in the process. There were no reported incidents
of fraud or abuse that call into question the legitimacy of the
process.
Plebiscite History
The local plebiscite law governing the 1998 vote did not
employ the same nomenclature for the status options on the
ballot that had been used in previous status votes conducted
under local law in 1967 and 1993. Instead of the traditional
``statehood'', ``commonwealth'' and ``independence''
terminology, the options were numbered 1 through 4. An
additional ``None of the Above'' option was also added. Results
of the 1998 vote in comparison to the 1967 and 1993 votes are
displayed in Appendix D.
The December 13, 1998, ballot options for Statehood,
Independence, and Free Association were supported respectively
by the New Progressive Party, the Puerto Rico Independence
Party, and PROELA, the parties certified by the Puerto Rico
State Electoral Commission as advocates of their status.
However, the Popular Democratic Party, which has been the long-
standing advocate of commonwealth, did not support the
Commonwealth ballot definition. Instead, the PDP officially
adopted and advocated an alternative commonwealth definition
that did not appear on the ballot and contained principles
rejected on a bipartisan basis by the Committee on Resources
during consideration of H.R. 856.
Conclusion
The actual meaning of the 1998 results may only be truly
understood retrospectively after final resolution of Puerto
Rico's status. Given the history of previous status votes, as
well as the speculative nature of any interpretation of the
``None of the Above'' vote in 1998, the Committee concludes
that the true will of the voters in Puerto Rico regarding their
ultimate political status can only be ascertained through
further self-determination in the future.
Both the 1993 vote which led to Puerto Rico's petition for
Congressional sponsorship of a status referendum in 1994, as
well as the 1998 vote, confirm the validity and soundness of
the Committee on Resources' recommendation in 1996, and again
in 1997, that Congress by federal statute enable Puerto Rico to
implement a structured process of self-determination based on
constitutionally valid options Congress is willing to consider.
Such a structured process of self-determination will enable
Congress and the voters in Puerto Rico to make informed
decisions with respect to status resolution.
Congress retains the plenary authority under article IV,
section 3, clause 2 of the United States Constitution to
determine the ultimate disposition of the political status of
Puerto Rico and the United States citizens residing therein.
Congress must fulfill its moral and legal responsibility toward
self-determination and authorize a structured process of status
resolution for Puerto Rico.
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