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Puerto Rico
- Boundary Delimitation
- Direct Democracy
- Electoral Management
- Electoral Systems
- Legislative Framework
- Media and Elections
- Parties and Candidates
- Vote Counting
- Voter Education
- Voting Operations
- Voter Registration
Boundary Delimitation
BD01 Are constituencies delimited for election purposes?
a. Yes
Source: Constitution: Articles III (sections 3 and 4) and VIII.
Last updated: 2007-10-29 17:32:56 UTC
BD03 On what criteria are the boundaries drawn?
a. "Equality" of population
g. Other
Comments: The districts are made up by contiguous and compact territories, considering as far as possible the existing population and communication routes.
Source: Constitution: Articles III (section 4) and VIII.
Last updated: 2007-10-29 18:23:40 UTC
BD05 The body responsible for drawing the boundaries is:
c. Boundary Commission
Comments: The Constitutional Inspection Board of the Senatorial and Representative Districts, made up by the president of the Supreme Court and two additional members named by the General Governor with de consent of the legislature.
Source: Constitution: Article III section 4 Electoral Law: Article 5.008
Last updated: 2007-10-29 18:23:40 UTC
Direct Democracy
DD01 Please provide information about the person completing the questionnaire.
Last updated: 2007-11-01 20:30:01 UTC
DD02 Which forms of direct democracy, if any, are currently possible at the national level?
Please check the glossary for the definition of the following terms:
a. Mandatory referendum
Comments: The referendum is mandatory in case of making up municipalities and constitutional amendments.
Source: Constitution: Article IV section 1 and Article VII section 1.
Last updated: 2007-11-05 19:59:49 UTC
DD124 If free media access is provided, what are the criteria for allocating broadcast time / printing space?
Last updated: 2007-11-01 20:30:01 UTC
DD126 What restrictions or controls, if any, are there on media coverage of the campaign and/or issue during the relevant period?
Last updated: 2007-11-01 20:30:01 UTC
DD13 When were direct democracy mechanisms first introduced into the legal framework at the national level?
Date (yyyy)
Source: Constitution
Last updated: 2007-11-01 20:40:41 UTC
DD14 When was an administrative framework for direct democracy mechanisms first introduced at the national level? Date (yyyy)
Last updated: 2007-11-01 20:30:01 UTC
DD17 Are mandatory referendums currently possible at first tier (regions/states/provinces, etc) authority level?
a. Yes, in all regions/states/provinces
Comments: The referendum is mandatory in case of making up municipalities.
Source: Constitution: Article IV section 1.
Last updated: 2007-11-01 20:42:25 UTC
DD18 Are optional referendums currently possible at first tier (regions/states/provinces, etc) authority level?
d. Not applicable
Last updated: 2007-11-01 20:42:53 UTC
DD19 Are citizens' initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
d. Not applicable
Last updated: 2007-11-01 20:46:11 UTC
DD20 Are agenda initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
d. Not applicable
Last updated: 2007-11-05 20:10:40 UTC
DD27 What are the issues, if any, in relation to which referendums are mandatory at the national level?
a. Constitutional amendments
i. Other public policy issues
Comments: The referendum is mandatory in case of making up municipalities.
Source: Constitution: Article IV section 1 and Article VII section 1.
Last updated: 2007-11-05 20:05:02 UTC
DD28 What are the issues, if any, in relation to which referendums are optional at the national level?
l. Not applicable
Last updated: 2007-11-05 20:11:12 UTC
DD38 What, if any, are the quorum requirements for a mandatory referendum to be valid? Please specify numbers/percentages.
Last updated: 2007-11-01 20:30:01 UTC
DD39 What, if any, are the quorum requirements for a optional referendum to be valid? Please specify numbers/percentages.
Last updated: 2007-11-01 20:30:01 UTC
DD43 When is the outcome of a mandatory referendum binding?
d. Not applicable
Last updated: 2007-11-05 23:59:47 UTC
DD67 What restrictions, if any, are there in relation to the time period in which an individual/position can be recalled?
Last updated: 2007-11-01 20:30:01 UTC
DD70 If a separate ballot to replace an individual who has been recalled takes place, how soon after the recall ballot is it held?
Last updated: 2007-11-01 20:30:01 UTC
DD72 How many verified signatures are required to start the formal decision-making stage for an abrogative referendum (optional)?
Indicate figures in the appropriate boxes. If more than one answer exists for any individual box, explain in the comment section.
Last updated: 2007-11-01 20:30:01 UTC
DD73 How many verified signatures are required to start the formal decision-making stage for a rejective referendum (optional)?
Indicate figures in the appropriate boxes. If more than one answer exists for any individual box, explain in the comment section.
Last updated: 2007-11-01 20:30:01 UTC
DD74 How many verified signatures are required to start the formal decision-making stage for a citizens' initiative?
Indicate figures in the appropriate boxes. If more than one answer exists for any individual box, explain in the comment section.
Last updated: 2007-11-01 20:30:01 UTC
DD75 How many verified signatures are required to start the formal decision-making stage for an agenda initiative?
Indicate figures in the appropriate boxes. If more than one answer exists for any individual box, explain in the comment section.
Last updated: 2007-11-01 20:30:01 UTC
Electoral Management
EM01 Please provide the following contact information for the national electoral management body:
a. Name of Institution Comisión Estatal de Elecciones de Puerto Rico
b. Full Address Calle Arterial B 505, San Juan, P.R. 00918-5552
c. Telephone (787) 777- 8720, 8682, 2371 or 2372.
e. Email [email protected], [email protected]
f. Website Address http://www.ceepur.org
g. Name and Title of Chairperson/President Presidente Ramón E. Gómez Colón
h. Information Officer Yvonne Rivera Picorelli
i. Official language of the electoral law governing national elections Spanish
Source: Website Address: http://www.ceepur.org
Last updated: 2007-10-29 16:42:47 UTC
EM02 Does this national electoral body have the responsibility for elections at:
a. National level
b. Regional level
c. Local level
Comments: The State Elections Commission is responsible for the general state elections, municipal elections, internal elections of the parties, referendums or plebiscites and special elections in case there are vacant seats in the National Assembly.
Source: Electoral Law: Article 1.005
Last updated: 2007-10-29 17:06:42 UTC
EM04 The budget of the national electoral management body is determined by:
b. The Prime Minister
c. The legislature
Comments: The General Governor must submit every fiscal year before the National Assembly a budget proposal for the State Elections Commission; the Legislative Assembly is responsible for passing it. The budget for the electoral authority cannot be lower than the one obtained for the previous year, unless general elections were held.
Source: Electoral Law: Article 1.004
Last updated: 2007-10-29 17:14:44 UTC
EM05 The expenditures of the national electoral management body are controlled by:
b. The Prime Minister
c. The legislature
Comments: The State Elections Commission must submit an annual report to the General Governor and to the Legislative Assembly.
Source: Electoral Law: Article 1.005 (i)
Last updated: 2007-10-29 17:20:43 UTC
EM06 The term of the members of the national electoral management body is:
b. For a term of _________ years
Comments: Four years.
Source: Electoral Law: Article 1.009
Last updated: 2007-10-29 17:22:01 UTC
EM08 According to official sources, what was the estimated overall cost (in US dollars if available) of the most recent national elections?
a. estimated total: around 25 millions of USD
Comments: 25 000 000 USD
Last updated: 2008-01-21 13:47:28 UTC
EM09 What was the total number of registered voters or, where there was no voter roll, the estimated number of eligible voters?
a. Total number: 2
Last updated: 2007-10-23 15:32:53 UTC
EM10 What was the spending (in USD) per registered voter (NOT actual voters) or, where there was no voter roll, the estimated number of eligible voters at the last general elections?
a. USD/registered voter around 10.22 USD per elector
Last updated: 2007-10-23 15:32:53 UTC
EM11 What are the approximate proportions (%) of total election expenditure for the last national elections devoted to the following?
a. Voter registration and preparation of voter lists 5%
b. Election Management Body administration 15%
c. Staff/Equipment/Supplies 20%
d. Security 5%
e. Official funding of parties and candidates 15%
f. Voter education 20%
g. Materials/systems for and operation of voting stations and ballot counts 10%
h. Challenges, dispute resolution and legal costs 3%
i. Polling operations 2%
j. Vote tabulation 5%
Last updated: 2007-10-23 15:32:53 UTC
Electoral Systems
ES01 How is the Head of State selected?
h. Other
Comments: The Head of State of the Free Associated State of Puerto Rico is the president of the United States of America. The Puerto Rico's citizens just can vote in the president's election if they live in the United States.
Source: Constitution: Article I section 1.
Last updated: 2007-10-29 16:25:14 UTC
ES02 How is the Head of Government selected?
a. Directly elected in general elections (simple majority)
Comments: According to the special legal system of Puerto Rico, the General Governor is head of Government, and he is elected by universal suffrage, and through the principle of a relative majority vote, for a four-year term.
Source: Constitution: Article IV section 1 and Article VI section 4. Electoral Law: Article 6.009
Last updated: 2007-10-29 16:27:42 UTC
ES03 Does the country have a president?
a. Yes
Comments: The Head of State of the Free Associated State of Puerto Rico is the president of the United States of America.
Source: Constitution: Article I section 1.
Last updated: 2007-10-29 16:25:14 UTC
ES04 The national legislature consists of (one/two chambers):
b. Two chambers
Comments: The House of Representatives and the Senate.
Source: Constitution: Article III section 1.
Last updated: 2007-10-26 22:59:46 UTC
ES05 What is the electoral system for Chamber 1 of the national legislature?
j. Other
Comments: The House of Representatives is made up by 51 members, 40 of which are chosen according to the principle of simple majority in single-member districts and the other 11 through the system of accumulation based on national open lists. For the elections through accumulation, the electors basically vote for individual candidates and seats are assigned to those who received the largest number of votes. It is hence a very specific system, more similar to the majority type than to the segmented one. On the other hand, the law establishes a special mechanism to guarantee the representation of the political minorities (the so-called law of minorities) that operates when a party obtains more than two thirds of the contested seats. In this case, and according to the special mechanism based on the votes obtained by the parties for the election of the General Governor, a certain number of additional seats are distributed among the parties (of minority) that have reached more than 3% of the total votes cast until all of them gather up to 17 seats altogether.
Source: Constitution: Article III sections 2, 3 and 7 Electoral Law: Article 6.012
Last updated: 2007-10-29 16:27:42 UTC
ES11 If special constituencies or seats are reserved in Chamber 1, specify which interest groups, and the proportion of total seats reserved for:
e. Not applicable *
Last updated: Fri, 16 May 2003 19:39:35 GMT
Legislative Framework
LF01 What is the status of the electoral law governing national elections?
b. Separate legislation
Comments: It is the Electoral Law of Puerto Rico. The Constitution states only the main electoral regulations. Besides, for every general election, the electoral authority (State Elections Commission) may introduce some specific regulations as deem necessary.
Source: Electoral Law: Article 1.005 (l)
Last updated: 2007-10-29 16:30:15 UTC
LF03 The national electoral law covers:
a. National elections
b. Regional elections
c. Local elections
d. Referendums
Source: Electoral Law: Article 1.005
Last updated: 2007-10-29 16:30:15 UTC
LF04 Is voting on the national level voluntary or compulsory?
a. Voting is voluntary
Source: Constitution: Article II section 2 Electoral Law: Article 2.002
Last updated: 2007-10-29 16:30:15 UTC
LF07 What are the agency(ies) responsible for first level of formal electoral disputes?
b. EMB
Comments: In order to consider and solve controversies, the electoral law entitles the State Elections Commission to issue resolutions to appoint examining officers in charge of preparing reports and recommendations regarding these complaints.
Source: Electoral Law: Article 1.005 (e) and 1.007
Last updated: 2007-10-29 16:30:15 UTC
Media and Elections
ME01 Please provide information about the person completing the questionnaire.
Last updated: 2007-11-01 19:27:50 UTC
ME11 What laws, if any, guarantee freedom of access to public information for representatives of the media?
Last updated: 2007-11-01 19:27:50 UTC
ME13 What are the laws, if any, which govern the operations of the public broadcaster?
Specify the date of the latest version (including latest amendments)
Last updated: 2007-11-01 19:27:50 UTC
ME18 What are the laws, if any, that provide for the safeguards for editorial autonomy in relation to the public broadcaster(s)?
Last updated: 2007-11-01 19:27:50 UTC
ME19 What are the laws, if any, which govern the granting of broadcasting licenses/frequencies to private broadcasters?
Last updated: 2007-11-01 19:27:50 UTC
ME22 What are the legal conditions, if any, under which the activities of a media outlet may be suspended?
Last updated: 2007-11-01 19:27:50 UTC
ME37 What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
b. Based on number of candidates put forward in present elections
Source: Electoral Law: Article 3.016.
Last updated: 2007-11-01 19:27:50 UTC
ME38 What, if any, is the maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Last updated: 2007-11-01 19:27:50 UTC
ME55 What, if any, is the maximum amount that a presidential candidate is permitted to spend on paid advertising?
Last updated: 2007-11-01 19:27:50 UTC
ME56 What are the laws, if any, which govern the disclosure of campaign advertising expenditures by political parties and candidates?
Last updated: 2007-11-01 19:27:50 UTC
ME57 What, if any, is the maximum amount that a media outlet can charge parties/candidates for advertising during the campaign?
Last updated: 2007-11-01 19:27:50 UTC
ME58 How does this maximum amount (identified in question C.15.1) affect the political participation of smaller or newly formed parties?
Last updated: 2007-11-01 19:27:50 UTC
ME59 Are televised debates between candidates or party representatives normally conducted?
a. Yes, in presidential elections
Last updated: 2007-11-05 19:58:52 UTC
ME60 What legal requirements, if any, regulate the participation of candidates or party representatives in media debates?
Last updated: 2007-11-01 19:27:50 UTC
Parties and Candidates
PC01 What are the registration requirements for political parties running for national elections (Chamber 1)?
a. Signature requirement (specify requirement)
f. Other
Comments: a) They must present the petitions of the 5% of electors of the total votes for the last General Governor. According to the law, there is a distinction between the "main" political parties, which are those that preserve their registry after overcoming the threshold of votes required in the last election, and the political parties "by request", which are those looking for their registry to contend in a new election. Besides, it admits the possibility that the parties by request should be registered to contend in the general elections or only for certain positions in the legislative or the local levels. b) Additionally, they must present their program of government and the structure of their directive board.
Source: Electoral Law: Article 3.001 (3).
Last updated: 2007-11-01 00:19:37 UTC
PC02 What are the registration requirements for political parties running for national elections (Chamber 2)?
g. Not applicable
Comments: The registry allows political parties to contend in all elections. There is no need to make any additional procedure for every election.
Source: State Election Commission (SEC).
Last updated: 2006-03-28 22:13:59 UTC
PC03 What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
a. Age
b. Citizenship
d. Residence
f. Registration
j. Other
Comments: The candidates to the Chamber of Representatives must be properly registered in the electoral registry, to be at least twenty-five years of age, to be American and Puerto Rican citizens, to have lived in Puerto Rico at least during the two years prior to the election and at least one year before in the district for which they will contend; likewise they must be able to read and write in Spanish or English. Besides, the candidates from political parties must go through the procedures of internal selection made by their party. In the case of independent candidates, they must present the petitions of the 5% of electors of the total votes for the last General Governor.
Source: Constitution: Article III sections 5 and 6. Electoral Law: Articles 4.001 (b), 4.006, 4.006-A, 4.009, 4.010, 4.014 and 4.027.
Last updated: 2007-11-01 00:19:37 UTC
PC04 What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
a. Age
b. Citizenship
d. Residence
f. Registration
j. Other
Comments: Candidates to the Senate must be properly registered in the electoral registry, to be at least thirty years of age, to be American and Puerto Rican citizens, to have lived at least during the two years prior to the election in Puerto Rico and at least one year before in the district for which they will contend; likewise they must be able to read and write in Spanish or English. Besides, the candidates from political parties must go through the procedures of internal selection made by their party. In the case of independent candidates, they must present the petitions of the 5% of electors of the total votes for the last General Governor.
Source: Constitution: Article III sections 5 and 6. Electoral Law: Articles 4.001 (b), 4.006, 4.006-A, 4.009, 4.010, 4.014 and 4.027.
Last updated: 2007-11-01 00:19:37 UTC
PC08 Can independent candidates compete in presidential or legislative elections?
e. In both presidential and legislative elections
Comments: The independent candidates must present the petitions of the 5% of electors of the total votes for the last General Governor.
Source: Electoral Law: Article 4.027.
Last updated: 2007-11-01 00:19:37 UTC
PC12 Do political parties receive direct/indirect public funding?
b. Direct
c. Indirect
Comments: Parties receive public funding not only to finance their ordinary and electoral expenses, but also, in the case of candidates for General Governor, to buy air time in the media during the electoral campaigns.
Source: Electoral Law: Articles 3.005, 3.016 and 3.021 throughout 3.026.
Last updated: 2007-11-01 00:19:37 UTC
PC15 What is the basis of the public funding?
a. Equal funding, regardless of size and previous performance
Source: Electoral Law: Articles 3.022 and 3.023.
Last updated: 2007-11-01 00:19:37 UTC
Vote Counting
VC04 Following the close of the voting, where are the votes first sorted and counted?
a. At the polling stations
Source: Electoral Law: Article 6.001.
Last updated: 2007-11-01 17:49:07 UTC
VC11 Under what conditions are ballots recounted?
d. By request
Comments: The recount is made upon request, but only when the result of the scrutiny throws a difference between two candidates of 100 votes or less, or half of the 1% of the votes cast for the respective post. Likewise, the recount is made in case of controversy.
Source: Electoral Law: Article 6.011.
Last updated: 2007-11-01 17:48:28 UTC
Voter Education
VE01 Who conducts voter education and information campaigns at the national elections (informing where, when and how to register and vote)?
a. National Electoral Management Body
Comments: Among the legal attributions of the President of the State Elections Commission is the duty of educating and informing the electors and the political parties on their rights and obligations.
Source: Electoral Law: Article 1.011-A (h)
Last updated: 2007-10-29 18:32:57 UTC
VE02 At the national level, how often are voter education programs conducted?
a. Continuously
Source: State Election Commission (SEC). http://www.ceepur.org/servicioCEE/educacionElectoral/index.htm
Last updated: 2007-10-29 19:22:54 UTC
Voting Operations
VO03 Where can electors vote?
a. At a specified polling station in the locality where they are registered at national elections
f. By mail
Comments: Electors must vote in their corresponding polling station the day of the election. Staff members of the electoral authority and police members on duty the day of the election may cast their vote on the previous Sunday in their corresponding polling stations (early vote). Besides, some electors out of Puerto Rico can vote by mail.
Source: Electoral Law: Articles 2.002, 5.026, 5.035 and 5.037
Last updated: 2007-10-30 00:02:31 UTC
VO04 Who can vote from outside the country?
d. Members of the armed forces
e. Students
f. Diplomatic staff
g. Other
Comments: Puerto Ricans who serve in the armed forces of the United States of America; full-time students; people hired by the Labor Department working abroad as part of the agricultural employment program; diplomatic staff working in the American representations; the spouses, children or dependents living in the same address than any of the aforementioned electors; crew of aircrafts and boats working out of Puerto Rico on election day.
Source: Electoral Law: Article 5.035
Last updated: 2007-10-30 00:02:31 UTC
VO05 If voting outside the country is permitted, at what places?
e. By mail
Comments: Although voters abroad receive the electoral documentation and must return it by mail, each elector must ask an officer of the Armed Forces, diplomatic American service or employee of the registry office of the institution where he or she is studying, to certify that the electoral material was blank when received by the voter, and that he or she has personally marked the ballot and filled out the required information.
Source: Electoral Law: Article 5.037
Last updated: 2007-10-30 00:02:31 UTC
VO10 Is there a maximum allowable voter capacity of a polling station for the national elections?
a. Yes, the maximum capacity is: 500 electors
Last updated: 2007-10-29 23:40:46 UTC
VO11 How do electors cast their votes?
a. By manually marking the ballot
Source: Electoral Law: Article 5.028
Last updated: 2007-10-30 00:02:31 UTC
VO12 How many staff are assigned to each polling station?
a. The smallest polling station: One polling official for every registered political party.
b. The largest polling station: One polling official for every registered political party.
Last updated: 2007-10-29 23:40:46 UTC
Voter Registration
VR01 What is the legal voting age in the national elections?
c. 18
Source: Electoral Law: Article 2.003
Last updated: 2007-10-29 19:37:31 UTC
VR02 Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
a. Citizenship
e. Other
Comments: To be a citizen of the United States of America and Puerto Rico, with permanent residency in Puerto Rico. Besides, to be registered and to have an electoral identification card. The person does not have to be legally disqualified to vote.
Source: Constitution: Article II section 2 Electoral Law: Articles 2.003 and 2.005
Last updated: 2007-10-29 23:27:28 UTC
VR04 Which is the authority responsible for the registration of voters for national elections?
d. Election Management Body (specify)
Comments: The State Elections Commission (Comisión Estatal Electoral). The State Elections Commission establishes registration boards in every municipality.
Source: Electoral Law: Articles 1.022.6, 1.024 and 2.007
Last updated: 2007-10-29 23:27:28 UTC
May 20, 2008 08:19 AM
