As the general elections approach, with ballots already being received from early voting by mail, at home, and in prisons, the Puerto Rico State Elections Commission (CEE) continues questioning voter eligibility. However, it has not disclosed how many cases have been filed, how many have been approved, or whether due process has been followed, including notifying those affected.
Challenging a voter’s eligibility means examining their status to potentially annul their registration, exclude them, or deactivate them from the Voter Register. These eligibility disputes can arise if a voter is not a U.S. citizen, does not reside where their registration indicates, is under 18, impersonates someone else, is deceased, has been declared mentally incapacitated by a court, or is registered in multiple jurisdictions. The most common reason for disputing eligibility is an incorrect address.
Two weeks ago, the CPI requested updated data on these disputes from the CEE, but there has been no response. CPI did learn that just last week, 123 requests to question voter eligibility were filed in San Juan’s Precincts 1, 2, 3, and 4. There is also no information on whether recent eligibility disputes are a trend beyond the capital. Last Friday at 9:03 p.m., the CEE requested a 10-day extension to provide the information, which means the final list of voters under scrutiny may not be available until November 15.
Electoral commissioners from the Puerto Rican Independence Party (PIP), the Citizen Victory Movement (MVC), and the Dignity Party (PD) told CPI that they did not request any eligibility reviews and had not been informed of the total number of voters challenged by the Popular Democratic Party (PPD) and the New Progressive Party (PNP) in 2024.
In October, complaints surfaced from young voters being flagged for address discrepancies, despite living where the Electoral Register indicates. By law, the CEE must make public the list of challenged voters.
The only list of address-based eligibility disputes on the CEE’s social media and website is dated July 12, 2024, covering cases filed by the Electoral Code’s April 30 deadline. This list, including the names and electoral numbers of 802 challenged individuals without precinct information, was also published in El Nuevo Día on August 20.
Why Are There Challenges Now?
Voter exclusions have continued past the official January 15 to April 30 period designated by the 2020 Electoral Code, due to an amendment passed by the Popular Democratic Party-led legislature and signed by pro-statehood Governor Pedro Pierluisi. The CEE has interpreted this amendment—introduced by Senate President José Luis Dalmau and PNP Senate spokesperson Thomas Rivera Schatz—as extending the timeframe for disputing eligibility indefinitely. Although not explicitly stated in the amendment, the measure allows the procedure to be carried out “regardless of what is provided in Article 5.17,” which restricts the challenge period from January 15 to April 30.
Voters flagged by April 30 had until September 21 to correct address discrepancies and restore their status. However, those flagged after September 21, when the Register closed, do not have this opportunity. Their only recourse is to present proof of address at a hearing, though they may not receive timely notification of the hearing date or even know their eligibility is under question.
This was the case for Isabel Sophia Rivera Torres, who only discovered her status had been flagged when she checked the Electronic Register after noticing an error in her electoral number while looking up her precinct information. She claims she never received notification of the dispute. Upon visiting the CEE, she was told that officials had visited her residence multiple times but couldn’t reach her. It was then she realized her address was incorrect by one digit, though she hadn’t changed her information since voting without issue in 2020. At the CEE Secretariat, she was informed that nothing could be done, as the reactivation period had ended.
“I had no reason to suspect that this [challenge] happened because I was never contacted — no letter, no call, no email, nothing,” she told CPI.
Xavier Valcárcel de Jesús faced a similar situation. He attended his hearing on August 26, 2024, presented all required evidence, and received a favorable ruling from the presiding judge. Yet, when he later checked the Electronic Register, he found his status still showed him as excluded based on his address.
“I’m frustrated and exhausted. I completely understand why many people facing these issues give up, rather than endure this bureaucratic nightmare. It’s been one of the most unpleasant experiences I’ve had recently,” he said after spending hours at the CEE on October 24 trying to resolve his case.
PD and PIP electoral commissioners attribute these challenges to the amendment Dalmau and Rivera Schatz pushed.
“The Code’s provision allows objections at any time without proximity restrictions to the electoral event, enabling any party to dispute eligibility at any moment,” said Frontera.
PIP electoral commissioner Roberto Iván Aponte Berríos believes this amendment sets a troubling precedent, allowing voters to be flagged for eligibility issues after the Electoral Register closes and so close to the general election that voters may only learn of their ineligibility upon arriving at the polls.
“That’s the problem — due process isn’t followed, and voters are unaware. It’s happening in San Juan,” Aponte Berríos said.
When a voter’s eligibility is disputed, they may bring identification and proof of residence to the polling station on election day and should be allowed to vote. Each voting center has a station where voters facing eligibility issues, election workers voting outside their precinct, and others not listed on the precinct’s electoral list can cast ballots. However, these votes are counted only after verifying the voter’s information.
No updated list of people challenged for address discrepancies has been published since the Electoral Register closed. The CEE’s list from April 30 is not in alphabetical order, requiring voters to manually search for their names among the 802 listed.
The number of eligibility disputes is relatively low compared to the 2,000 challenge requests that Ángel Cintrón, campaign director for San Juan Mayor Miguel Romero, indicated would be filed in April. In an interview with CPI, Cintrón estimated about 300 disputes remain active in San Juan and dismissed concerns of voter rights violations, noting that affected voters can vote at the provisional station, with their ballots counted once eligibility is confirmed.
Despite CPI’s inquiries, the CEE has not disclosed how many voters were flagged after the Register closed, preventing reactivation.
Minority party representatives told CPI they were not notified of recent challenges, often discovering them only when summoned to hearings. Sometimes, commissioners insisted the CEE provide complete files, often missing voter contact details, making outreach difficult.
The CEE has not clarified the protocol for adjusting voter status after the Register of Active Voters closes.
What Alternatives Are Available?
PD electoral commissioner Juan Manuel Frontera Suau explained that, if voters aren’t properly notified, they can contest the dispute at the CEE Secretariat or in court to request a new hearing or to have the CEE secretary restore their status on the active voter list. This process, known as an administrative inclusion or exclusion for exceptional reasons, can occur even after the register has closed.
Due to time constraints, voters like Isabel Sophia and Xavier must vote at a provisional station, available to those whose names do not appear on their polling location’s electoral list.
This will also apply to 201 voters in Comerío, whose eligibility was flagged on April 30 at the request of the PNP. The CEE Alternate President ruled these voters would need to vote at the provisional station. Although the PPD sought a review, the San Juan Court upheld the decision to hold these ballots aside since neither the Electoral Code nor CEE regulations specify what happens if a dispute remains unresolved by election day.
“Voters need to verify their electoral status,” MVC electoral commissioner Lillian Aponte Dones advised, recommending it as a precaution to avoid surprises on election day.
