Supreme Court Cases on Political Representation, 1787-2001 by Christopher A. Anzalone

Author:Christopher A. Anzalone [Anzalone, Christopher A.]
Language: eng
Format: epub
Tags: History, Europe, General, Political Science
ISBN: 9781315499567
Google: EGylDAAAQBAJ
Publisher: Routledge
Published: 2016-07-08T16:17:51+00:00

Rodriguez v. Popular Democratic Party

457 U.S. 1 (1982)

The question presented by this appeal is whether Puerto Rico may, by statute, vest in a political party the power to fill an interim vacancy in the Puerto Rico Legislature. The Supreme Court of Puerto Rico held that such a procedure did not violate the United States Constitution.…

In the November 4, 1980, Puerto Rico general election, Ramon Muniz, a member of appellee Popular Democratic Party, was elected to the Puerto Rico House of Representatives from District 31. Muniz died on January 28, 1981. The Governor of Puerto Rico, a member of the opposition New Progressive Party, subsequently called for a “by-election”—open to all qualified voters in District 31—to fill the vacancy caused by Muniz’s death. The Governor purported to act pursuant to Articles 5.006 and 5.007 of the Electoral Law of Puerto Rico.

On March 3, 1981, the Popular Democratic Party instituted this action in the Superior Court of Puerto Rico, alleging that Articles 5.006 and 5.007 authorized only candidates and electors affiliated with the Party to participate in the byelection. Appellants, 10 qualified electors in District 31 who are not affiliated with the Popular Democratic Party, intervened as defendants. On March 20, 1981, the Superior Court entered judgment for the Popular Democratic Party; it ordered the Governor and General Administrator of Elections to limit participation in the by-election to Party members.

A divided Supreme Court of Puerto Rico modified the Superior Court’s judgment. It interpreted Articles 5.006 and 5.007 to require a by-election only in the event that the party of the legislator vacating the seat fails to designate a replacement within 60 days after the vacancy occurred; if the party selects a single candidate within the 60-day period, that candidate is “automatically elected to fill the vacancy,” rendering a by-election unnecessary. The court held further that, if the party presents more than one candidate during the 60-day period, a by-election must be conducted in which only party-affiliated candidates may run but in which all qualified electors may vote. In the event no candidate is presented within the 60-day period, candidates affiliated with any party, as well as independent candidates, are permitted to run in the by-election. Because of the delay already occasioned by the litigation, the court permitted appellee Party only 30 days from the entry of judgment, May 8, 1981, to present a “slate” of candidates to the Commonwealth Election Commission.…

The court rejected appellants’ contention that this procedure violated the United States Constitution. It noted that the Constitution does not expressly require a fixed method for filling vacancies in a state or commonwealth legislature. The court also held that Puerto Rico’s party appointment system serves several “compelling interests,” such as ensuring the stability and continuity of the “legislative balance” until the next general election; protecting the “electoral mandate” of the previous election; and reducing “inter-partisan political campaigns to once every four years.”

Puerto Rico, in common with many of the States, has adopted means of filling interim vacancies in elective commonwealth offices without the necessity of a full-scale special election.

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