December 15, 2004

Puerto Rico High Court to Decide Election
By The Associated Press

BOSTON (AP) -- A federal appeals court ruled Wednesday that the Puerto Rico Supreme Court, not a federal judge on the island, has jurisdiction over disputed election ballots in the governor's race.

The decision likely benefits Anibal Acevedo Vila, who supports keeping the island's status as a U.S. commonwealth, and with whom the Puerto Rico Supreme Court sided earlier in the dispute.

His opponent, former Gov. Pedro Rossello, an advocate of statehood for Puerto Rico, is contesting the validity of ballots that, if counted, would sway the election toward Acevedo Vila.

In Wednesday's ruling, a three-judge panel of the 1st Circuit concluded that ``it was an abuse of discretion for the District Court to exercise jurisdiction over this local election dispute.''

Rossello's supporters said they were examining the ruling and hadn't decided whether to appeal to the U.S. Supreme Court.

In the meantime, ``I urge New Progressive voters and officials to stay calm,'' said Thomas Rivera Schatz, the party's representative to Puerto Rico's State Elections Commission.

Gerardo Cruz, who represents Acevedo Vila's party before the commission, hailed the ruling. ``This is fantastic for the Puerto Rican people, for democracy and especially for the peace and tranquility of the Puerto Rican people,'' he said.

Preliminary election results from Nov. 2 showed Acevedo Vila, of the Popular Democratic Party, narrowly leading Rossello, of the New Progressive Party, 48.38 percent to 48.18 percent.

Rossello is disputing thousands of ballots in which voters not only marked Acevedo Vila's name, but also marked an ``x'' for the tiny Independence Party.

Acevedo Vila's supporters say Puerto Rico's laws allow voters to cast ``mixed votes'' to support keeping the Independence Party registered while also supporting candidates from other parties.

But Rossello's lawyer, former U.S. Solicitor General Theodore Olson, who represented George W. Bush in the disputed 2000 presidential election, argued that it is impossible to determine the voter's intent on those ballots.

Last month, the Puerto Rico Supreme Court and U.S. District Judge Daniel Dominguez both ordered recounts, but made contradictory rulings on how to deal with the disputed ballots. The Supreme Court ordered them counted as valid, while Dominguez ordered election officials to count the ballots, but not to add them to the final tally until he rules on their validity.

The dispute landed this week in the 1st Circuit, where dozens of protesters showed up on the courthouse steps.

The appeals court found that ``there is no clearly articulated Commonwealth policy, much less a statute'' that indicates ballots marked for Acevedo Vila and the Independence Party are invalid.

The case has intensified divisions in the Caribbean island of 4 million residents who have argued for decades over whether the island should remain a U.S. possession or become a U.S. state.

Gov. Sila Calderon didn't seek another term, but she will continue in office if a new governor is not decided on by Jan. 2, inauguration day.