General Aspects

In Puerto Rico, government by common consent constitutes the main principle of our democracy; for that reason, the Puerto Rican people aspire to fully participate in all electoral procedures.

Based on this aspiration, the Constitution of the Commonwealth of Puerto Rico consecrates the right to universal, equal, direct and free suffrage, through which each citizen can cast his vote in accordance with the dictates of his conscience. The guarantee of this right, provided in our Constitution, and established as an example in other western democracies, represents the most effective instrument for citizen participation. Our constitutional mandate also extends express recognition and categorical rights to the political parties, subject to the rights and prerogatives of the voters.

In order to assure those guarantees of procedural integrity which are necessary to count each vote in the form and manner in which it is cast, and at the same time, guarantee the confidence of the Puerto Rican electorate in suffrage procedures that are free from fraud and violence, Act No. 4 of December 20, 1977, as amended, known as the "Puerto Rico Electoral Act", was passed; henceforth Electoral Law [16 LPRA 3001-3383].

The Electoral Law creates the Commonwealth Elections Commission (henceforth the Commission), defines its functions, duties and powers; declares which are the rights and prerogatives of the voters; sets forth the procedures for registration at the Permanent Registration Boards; everything concerning political parties and candidacies; establishes voting procedures in general, special and primary elections, and fixes penalties for violations of this law, among other things.

The Commission is composed of a Chairman, who is its Executive Officer and represents the public interest, and an Electoral Commissioner representing each of the principal political parties, parties by petition or coalesced parties. A First, a Second and a Third Vice-Chairperson are also members of the Commission, who have a voice but no vote. Attendance to the meetings by the Chairman and two (2) Commissioners constitutes a quorum.

The Commission has original jurisdiction, either motu propio or at the request of the interested party, to consider, take cognizance and resolve any matter or controversy of an electoral nature. Every agreement must be approved by the unanimous vote of the Commissioners present when it is voted upon. Any matter submitted to the consideration of said Commission which does not receive a unanimous vote shall be decided, for or against, by the Chairman, whose decision shall be deemed to be that of the Commission, and may be appealed in the manner provided in the own law.

Other functions, powers and duties of the Commission, with regard to planning, organizing, structuring, directing and supervising the electoral body and all electoral procedures that govern any election to be held in Puerto Rico, are detailed in the Electoral Law and corresponding regulations.

Full Spanish-language text of the Puerto Rico Electoral Law (2000 Edition) - in PDF format (514 Kb; requires Adobe Acrobat Reader, available free).

Amendments to the Puerto Rico Electoral Law (2000 Edition) - in Spanish