Residents of Puerto Rico cannot vote in U.S. presidential or congressional general elections, even though they are U.S. citizens by birth. The roughly 3.2 million people on the island have no Electoral College votes, no senators, and no voting member in the House of Representatives. They do get a say in presidential primaries, they elect a nonvoting Resident Commissioner to Congress, and they run a full slate of local elections for governor, legislature, and municipal offices. The short answer to whether Puerto Rico can vote in US elections is: in the elections that decide federal power, no.
Why Puerto Rico Is Shut Out of Federal General Elections
The exclusion is constitutional, not a policy Congress can flip with an ordinary bill. Three provisions tie federal voting to statehood, and Puerto Rico is a territory, not a state.
- Article I, Section 2 says the House “shall be composed of Members chosen every second Year by the People of the several States.” No state, no voting House members.1Congress.gov. Article I Section 2 – Constitution Annotated
- The 17th Amendment provides that senators are elected by the people of each state. No state, no senators.
- Article II, Section 1 provides for presidential electors who “meet in their respective States.” Only states appoint electors, so Puerto Rico has zero electoral votes.2Congress.gov. Article II Section 1 Clause 3 – Constitution Annotated
The 23rd Amendment, ratified in 1961, gave the District of Columbia electoral votes as if it were a state. No equivalent amendment has ever been enacted for Puerto Rico. Without statehood or a new amendment, the island’s residents are locked out of every federal general election.
Presidential Primaries Are the Exception
Puerto Rico voters can participate in both the Democratic and Republican presidential primaries. The primaries are run by the national parties rather than mandated by the Constitution, so the parties can include territories, and they do. Both primaries on the island are open; voters don’t have to be registered party members to take part.
The practical reach is narrow. Primary delegates help choose each party’s nominee, but once November arrives, there is no presidential ballot to cast on the island. The primary is where federal voting participation starts and stops.
The Resident Commissioner: a Seat Without a Floor Vote
Puerto Rico elects a Resident Commissioner who serves a four-year term in the U.S. House of Representatives.3Office of the Law Revision Counsel. 48 USC Chapter 4 Subchapter V – Resident Commissioner The Resident Commissioner can introduce legislation, sit on committees, and vote within those committees. What this official cannot do is vote on final passage of bills on the House floor. Puerto Rico has no representation at all in the U.S. Senate, meaning the island’s 3.2 million residents have less congressional voting power than Wyoming’s roughly 580,000.
Local Elections Are Fully Run on the Island
Puerto Rico operates its own electoral system. Voters elect a governor every four years by popular vote.4Ballotpedia. Governor of Puerto Rico They also choose members of the Puerto Rico Legislative Assembly, a two-chamber body with its own Senate and House.5Library of Congress Blogs. The Commonwealth of Puerto Rico and Its Government Structure Mayors and municipal officials in each of the island’s 78 municipalities are elected as well. These elections run every four years, coinciding with the U.S. presidential election day in November. Turnout has historically been high compared to many U.S. states.
Moving Changes Everything, in Both Directions
Everyone born in Puerto Rico is a U.S. citizen at birth, a status that dates to the Jones-Shafroth Act of 1917.6Department of State. 8 FAM 302.6 Acquisition by Birth in Puerto Rico Move from Puerto Rico to any of the 50 states or the District of Columbia, establish residency, and you can register and vote in federal, state, and local elections there. No naturalization, no special waiting period beyond the state’s ordinary registration rules. Nearly two-thirds of ethnic Puerto Ricans now live on the mainland, and all of them can vote in presidential and congressional races.
The reverse surprises people. A U.S. citizen who moves from a state to Puerto Rico loses the ability to vote in federal elections. The federal law that protects overseas voters, UOCAVA, defines the “United States” to include Puerto Rico, so moving to the island is not treated as moving abroad. Your old state will not send you a presidential absentee ballot. You remain in the United States, just in a part of it where federal voting rights do not reach.
Statehood Votes Have Not Changed the Rule
Puerto Rico has voted on its political status more than once. In a 2020 referendum, 52.52% of voters chose statehood.7Ballotpedia. Puerto Rico Statehood Referendum 2020 A nonbinding vote during the 2024 general election again showed majority support for becoming a state. None of those results take effect on their own. Only Congress can admit a new state under Article IV, and Congress has not acted on any of the referendum outcomes.
The Puerto Rico Status Act, introduced in the 118th Congress, would have offered a binding, congressionally sanctioned choice among statehood, independence, and free association.8Congress.gov. S.3231 – 118th Congress – Puerto Rico Status Act It did not pass. Until Congress admits Puerto Rico as a state or the Constitution is amended, the island’s residents will carry U.S. passports, serve in the U.S. military, and have no vote for president or any voting member of Congress.