 |  |  |
| Puerto Rico Paradox Losing Your Right to Vote by Absentee Ballot While in Puerto Rico |
The interesting case is Romeu because it had nothing to do with
those second-class-citizens-residing-in-the-island-paradise. NO!
This was about the right to an absentee ballot. A “real” American
(Hillary Clinton) who wants the absentee ballot fed-exed to her while
she is soaking up the sun in Luquillo Beach, for example.
The Federal Court said… NO.
NO because although the right to vote may be a fundamental right –
the right to an absentee ballot isn’t.
NO because although the right to travel is a fundamental right, that
right protects the right to be treated like other citizens of that state.
Hang on as we go around in this circular argument. Since he
traveled from NY to PR and was free to so travel, the most he could
expect is to be treated just like every other citizen in PR and they
can’t vote! Therefore Romeu can’t complain.
NO because there is no strict scrutiny not even under Equal
Protection under the law because equal protection is protection from
discrimination because of RACE and “this court takes judicial notice,
that Puerto Ricans are of Taino Indian, Black, European and more
recently Anglo-American ancestry (to name a few) and, more often
than not, a mixture of two or more of the above. … Even assuming
that Puerto Ricans are a suspect class, Romeu has failed to proffer
facts sufficient for this Court to ascribe an invidious discriminatory
purpose”. Again – hold on tight while we go around in a vicious
circle! “Conversely, all US citizens, including Anglo-American
citizens, are unable to receive an absentee ballot… once they have
moved to Puerto Rico.”
One more merry-go-round. The Uniform and Overseas Absentee
Voters Act (UOCAVA) grants an American overseas or outside the
US the right to an absentee ballot. The question was whether
Congress had a rational basis in defining PR as “outside the US”.
As the Court so eloquently pointed out: “Congress had a legitimate
state interests in refusing to define PR as outside the US for
purposes of the UOCAVA because PR is not outside the US.”
Sadly I wish I made this stuff up, but it’s true. (sigh!)
The Next Case --> Read On
those second-class-citizens-residing-in-the-island-paradise. NO!
This was about the right to an absentee ballot. A “real” American
(Hillary Clinton) who wants the absentee ballot fed-exed to her while
she is soaking up the sun in Luquillo Beach, for example.
The Federal Court said… NO.
NO because although the right to vote may be a fundamental right –
the right to an absentee ballot isn’t.
NO because although the right to travel is a fundamental right, that
right protects the right to be treated like other citizens of that state.
Hang on as we go around in this circular argument. Since he
traveled from NY to PR and was free to so travel, the most he could
expect is to be treated just like every other citizen in PR and they
can’t vote! Therefore Romeu can’t complain.
NO because there is no strict scrutiny not even under Equal
Protection under the law because equal protection is protection from
discrimination because of RACE and “this court takes judicial notice,
that Puerto Ricans are of Taino Indian, Black, European and more
recently Anglo-American ancestry (to name a few) and, more often
than not, a mixture of two or more of the above. … Even assuming
that Puerto Ricans are a suspect class, Romeu has failed to proffer
facts sufficient for this Court to ascribe an invidious discriminatory
purpose”. Again – hold on tight while we go around in a vicious
circle! “Conversely, all US citizens, including Anglo-American
citizens, are unable to receive an absentee ballot… once they have
moved to Puerto Rico.”
One more merry-go-round. The Uniform and Overseas Absentee
Voters Act (UOCAVA) grants an American overseas or outside the
US the right to an absentee ballot. The question was whether
Congress had a rational basis in defining PR as “outside the US”.
As the Court so eloquently pointed out: “Congress had a legitimate
state interests in refusing to define PR as outside the US for
purposes of the UOCAVA because PR is not outside the US.”
Sadly I wish I made this stuff up, but it’s true. (sigh!)
The Next Case --> Read On
| Our mission is simple: Inform Inspire Ignite! Latinas everywhere! |
 |
 |
 |
 |
 |
 |
 |
 |
| This article first published in Vote 2004 Issue Oct 2004 Vol 2 Issue 3 Vote 2004 |
| Old San Juan Mini Poster Click on image to see full size |