The “commonwealth” label is tricky. The term often brings to mind the British Commonwealth, a large network of former British colonies from Australia to India that are now independent countries. “Commonwealth” is also the official title of four U.S. states: Virginia, Massachusetts, Pennsylvania and Kentucky.
When talking about Puerto Rico, the term “commonwealth” has been used in two ways:
- As the official title of the island – a U.S. territory – with no meaningful impact, similar to how “commonwealth” refers to four U.S. states.
- As a nebulous, aspirational arrangement between the U.S. and Puerto Rico under which Puerto Ricans continue to have U.S. citizenship and other state-related benefits while simultaneously exercising the powers of an independent country.
The people of Puerto Rico reject the first – territorial – arrangement of “commonwealth,” and U.S. government officials, attorneys and policy makers reject the second – aspirational – concept of “commonwealth.”
In Puerto Rico’s past referendum votes, the distinction between the two definitions of “commonwealth” has tended to blur. When “commonwealth” is on the ballot, it has been defined differently over the years. When “commonwealth” is not on the ballot, voters sometimes go in search of a place to put it.
The “Commonwealth” Option in Puerto Rico Plebiscites: A History
Puerto Rico has had six plebiscites – in 1967, 1993, 1998, 2012, 2017, and 2020. A “commonwealth” option was on the early plebiscite ballots, but the definition of “commonwealth” was different each year.
This is how “commonwealth” has been defined in each Puerto Rico plebiscite:
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- The 1967 vote – “Commonwealth” was explicitly on the ballot, describing an aspirational arrangement rather than the island’s status as a U.S. territory. According to the Congressional Research Service (CRS), “votes in favor of the 1967 Commonwealth option arguably demonstrated support for an expanded form of self-government for Puerto Rico[.]”
- The 1993 vote – Commonwealth was again on the ballot but with an even more expansive definition. In the words of CRS, the 1993 “Commonwealth” option “arguably exceeded the [U.S. – Puerto Rico] relationship established in 1950.” Voters were told that under “Commonwealth” they would have irrevocable U.S. citizenship, a permanent union between Puerto Rico and the US that could not be altered without mutual agreement, Puerto Rican Olympics/international sports representation, and fiscal autonomy for Puerto Rico along with full extension of U.S. benefits like Supplemental Security Insurance (SSI) and the Supplemental Nutritional Assistance Program.
- The 1998 vote – The current territory status received .1% of the vote. CRS has explained that “[t]he text of the ballot arguably presented the commonwealth option” in that it referred to Puerto Rico’s “Commonwealth” Constitution. There was also a “none of the above” option as a catch-all for voters to register discontent with the process, including but not limited to those who sought a more expansive interpretation of “commonwealth.”
- The 2012 vote –The 2012 vote had two parts. The first question asked voters whether they wanted to maintain Puerto Rico’s current status. Voters rejected this option. In a second question, voters were asked their choice from among three alternatives: 61.3% of the voters chose statehood, 33.2% chose free association and 5.5% voted for independence. Definitional problems continued to plague the vote:
- The U.S. Department of Justice (DOJ) later expressed concern that the ballot “does not make it clear that a vote for ‘Free Association’ is a vote for complete and unencumbered independence.”
- DOJ further cautioned that the Free Association option on the ballot “may lead voters to think that this choice is an ‘enhanced Commonwealth’ option.”
- DOJ emphasized that “[the Justice] Department and [2011 report of the Presidential] Task Force have rejected as unconstitutional previous ‘enhanced Commonwealth’ proposals.”
- The 2017 vote – Puerto Rico’s current status as a U.S. territory (sometimes referred to as “commonwealth”) got 1.53% of the vote. This option was labeled as “actual estatus territorial/current territorial status.”
- The 2020 vote – The choice was a simple statehood yes-or-no ballot, essentially placing both definitions of “commonwealth” together as a vote against statehood. Statehood received 52.52% of the vote.
Next Steps?
A seventh plebiscite is now scheduled to take place on November 5, 2024.
The text of the plebiscite ballot is described in the pending Puerto Rico Status Act. It will be a choice between statehood and independence, with a third option of independence along with a sovereign free association arrangement.
Senator Roger Wicker (R-MS) has complained that a fourth option should be included on the ballot: “retaining the status of Puerto Rico as a Commonwealth.” Given the history, this much is clear:
- “Retaining the status of Puerto Rico” would require a vote for the current territorial status, an option that garnered less than 2% of the vote when it was last on the ballot in 2017.
- Attempts to expand Puerto Rico’s power under “Commonwealth” face well established constitutional, policy and practical problems.
- Given the confusion over the term’s shifting definition, as well as the legal and policy problems inherent in its many forms, an explicit “Commonwealth” option has not been on a Puerto Rico ballot since 1993.
