There’s talk about introducing new legislation to end Puerto Rico’s political status as a U.S. territory in favor of creating a new democratic arrangement granting Puerto Rico full sovereignty, either as a state or independent country.
Governor Jenniffer Gonzalez-Colon has indicated that she would prefer a straightforward yes/no vote on statehood, like the vote statehood won in 2020. Others would prefer to re-introduce the Puerto Rico Status Act (PRSA), which the U.S. House of Representatives passed in 2022. The PRSA called for a plebiscite vote in Puerto Rico based on a ballot offering voters a choice from among statehood, independence, or a variation of independence in which Puerto Rico would sign a Compact of Free Association like the U.S. has with Palau, the Marshall Islands and Federated States of Micronesia. Puerto Rican Resident Commissioner Pablo José Hernández insists that a “commonwealth” option should be included on any plebiscite ballot, and there have been rumors that one Republican legislator plans to introduce an independence bill.
Incorporation
The last two territories to become states – Alaska and Hawaii – chose a statehood: yes or no vote. The “no” vote represented the two possible options besides statehood – either independence or remaining a territory for at least a little while longer.
Both Alaska and Hawaii were incorporated territories. Incorporated territories are understood to be on a relatively quick path to statehood. Debates are not about whether to become a state, but about when to become a state.
Independence is not technically an option for incorporated territories, any more than it is for states. Cuba and the Philippines were intended to be independent nations from the beginning of their territorial relationships with the U.S.
Puerto Rico is an unincorporated territory. Puerto Rico and the other current unincorporated territories – U.S. Virgin Islands, American Samoa, Guam and the Commonwealth of Northern Mariana Islands – can remain U.S. territories indefinitely.
Multiple options
Both independence and statehood are viable option under the U.S. Constitution. Congress could impose statehood or independence on Puerto Rico under the Constitution whenever it chooses to do so, but Congress has always indicated that it would also like to consider the preference of Puerto Ricans.
Yet numerous options have been included on Puerto Rican plebiscite ballots. Sometimes a confusing “commonwealth” choice is offered to voters, generally meaning the current territorial status plus an ever-changing package of promises designed to be enticing to voters but that are impossible to implement. Now that the “commonwealth” concept for Puerto Rico has been largely discredited, its former supporters are turning to the concept of sovereign free association as a substitute, although free association is really just a variation of independence. The ever-changing terminology and changing options have been a source of confusion, contention and debate, and arguments over definitions have been an obstacle to the resolution of Puerto Rico’s political status.
Self-determination proposals have included a complex process designed to make sure that all theoretical possibilities are included in the discussion, even though statehood, independence, and territory status are the only legal options. Sometimes the wording of these proposals makes voters think that ideas like becoming a Spanish colony again or coming up with some completely new and unique relationship between the U.S. and Puerto Rico could take place. This kind of sky’s the limit thinking makes a statehood: yes or no vote seem like a restriction.
Statehood: yes or no
The yes or no votes Alaska and Hawaii held allowed people who wanted to remain a territory to choose “No” to express that view. Those who wanted statehood could choose “Yes.” Statehood won in both cases, just as it did in 2020 in Puerto Rico.
In Puerto Rico, however, there has been talk for decades about an elusive “commonwealth” status or a “compact” with the U.S. Such options are ultimately grounded in Puerto Rico’s current territorial status. Yet when a “commonwealth” option is not explicitly listed on ballots and instead bound up in a statehood “No” vote that could mean independence, territory status, or even union with Haiti, conflict often ensues. Some “commonwealth” supporters have taken the position that all the “No” votes should be counted in favor of “commonwealth” or even that non-voting implies support for a “commonwealth” arrangement.
The 2020 result was a clear majority vote for statehood, but with strong voices claiming the plebiscite was inconclusive. That wasn’t possible in Alaska or Hawaii because neither state had ever envisioned itself as a “commonwealth.”
Some other former U.S. territories had other kinds of votes when they were becoming states — some had none at all.
Congress has not yet taken action on Puerto Rico’s votes regardless of how the ballot was constructed.
