Recent polls show that Puerto Ricans are divided on the value of holding another status vote which is planned for November 5, 2024. The main reason given for a lack of support is the fact that the upcoming referendum, like the six previous votes, will be nonbonding. Many voters would prefer a binding referendum, like the one proposed in the Puerto Rico Status Act.
What is a binding referendum?
The usual definition of a referendum or plebiscite is a vote intended to get the views of the voters. However, a referendum can be a direct vote on a proposal which there government refers to the people. In the case of the upcoming 2024 status vote, this would be a vote by the people of Puerto Rico on their choice of political status from the non-territorial options which the U.S. Constitution makes possible.
This is not a binding vote, because Congress does not have to take action on the vote. A binding referendum would mean that Congress has said, “We will give Puerto Rico either admission as a state or independence, whichever the voters choose.” Then once the choice was made, the status would change.
We do not find examples of binding referenda at the national level in the United States. However, there have been binding referenda at the state level in many of the states. The Puerto Rico Status Act is a binding referendum.
The future Congress issue
One of the problems with a binding initiative for Puerto Rico’s status has come up in discussions of the “enhanced commonwealth” idea. This is the nation that Puerto Rico can negotiate a completely new and different political relationship between the Island and the federal government. Proposed characteristics of this relationship include Puerto Rico being allowed to choose which federal laws should apply to Puerto Rico and requiring bilateral agreements on all future changes in the relationship.
This would mean that the current Congress would have to make a law saying that a future Congress could not make changes without the permission of the voters of Puerto Rico, and that a future Congress could not change the laws for Puerto Rico. In fact, a future Congress would have to agree that Puerto Rico could change federal laws, by refusing to allow them to be applied to the territory.
In fact, a current Congress cannot make decisions for a future Congress. A past Congress gave statutory citizenship to all people born in Puerto Rico, but the current Congress could legally change that ruling. A past Congress included Puerto Rico in SNAP. Another past Congress excluded Puerto Rico from SNAP. The current or future Congress could reinstate SNAP for Puerto Rico. This is how Congress works.
The Puerto Rico Status Act calls for a binding referendum
Then how can the Puerto Rico Status Act be a binding referendum? The law calls for Congress to affirm that they will accept and act upon any of the three status options described in the bill. Since the undefined “enhanced commonwealth” option is not included, the problems with that are not an issue for the Puerto Rico Status Act. Under the PRSA, the choices are statehood or independence with or without a compact of free association.
The current Congress could admit Puerto Rico as a state. A state cannot later be separated from the Union. Once statehood is achieved, that’s the end of it. The same is true for independence; once Puerto Rico is an independent nation, the United States couldn’t take that back without an invasion. All the little specific negotiations involved in defining sovereign free association could not be made permanent. The Puerto Rico Status Act makes this clear, including the fact that a Compact of Free Association can be ended at either time by either party.
Once Congress says, “We agree to any of these options: you choose,” Puerto Rico could hold a binding referendum.
Congress has not agreed to respect the decision made by voters in the 2024 referendum. However, a clear result could help to push Congress to make a decision on the Puerto Rico Status Act. Reach out to your representative and encourage them to watch the 2024 status vote with respect.
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