By The Star Staff
The Puerto Rico Supreme Court issued an opinion on Wednesday in which it supports the call for a plebiscite for Nov. 5, 2024 through Executive Order OE-2024-016, signed by Gov. Pedro Pierluisi Urrutia.
The decision rejects the challenge filed by the Puerto Rican Independence Party (PIP), which alleged that Law No. 165-2020 and the aforementioned order violated the separation of powers and were unconstitutional.
“The Governor did not exceed his mandate by issuing Executive Order OE-2024-016, which complies with the criteria and safeguards established by Act No. 165-2020,” the island’s top court stated in its decision.
The PIP argued that the law authorizing the plebiscite improperly delegated legislative functions to the executive branch, and that the executive order usurped functions that should correspond to the Legislative Assembly and the State Elections Commission. However, the court concluded that the Legislative Assembly had provided sufficient criteria for delegating power to the governor and that the executive order met those parameters.
The court’s opinion also rejected claims that the provisions of the law and executive order violated freedom of speech or nullified the right to vote. The court found that the provisions on certification and regulation of campaign activities were consistent with existing law and did not impose unconstitutional restrictions.
The court also reaffirmed that blank or spoiled ballots cannot influence the results of the plebiscite, thus upholding the doctrine established in previous cases.
The Supreme Court decision allows the plebiscite on Puerto Rico’s status to be held as scheduled, without the changes that the PIP had requested.
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