n a case that has the potential to affect this year's tight presidential race, a coalition of Puerto Rican activists urged the First Circuit Court of Appeals in Boston yesterday to uphold a recent federal judge's ruling allowing island residents to vote in the general election this November.
Gregorio Igartua de la Rosa, a lawyer leading the fight for Puerto Rican voting rights, told the three-judge panel that residents of the commonwealth are being denied a precious, fundamental right by an act of discrimination.
But Assistant US Attorney General Matthew M. Collette, arguing on behalf of the federal government, told the panel that the US Constitution is clear: only states, not US territories such as Puerto Rico, can vote to send electors to the Electoral College to pick the president.
''This was a fundamental point. States would choose the electors,'' he argued. ''While we understand the frustration, we understand the dissatisfaction, the Constitution is clear as it stands.''
The US government is battling the activists and Igartua, who in August persuaded a lower court judge to declare that Puerto Rican voters - 2.4 million of them - have a right to participate in the election. Igartua's case had been considered a long shot because he lost a similar effort in 1994.
That decision stemmed from a lawsuit filed in April by a group of Aguadilla residents, led by Igartua. The Puerto Rican government joined the plaintiffs.
Though Congress made Puerto Ricans US citizens in 1917, they can vote in presidential primaries, but not in the general election - unless they hold residency in one of the 50 states. The territory has 3.5 million residents and if it wins the lawsuit it could provide enough electoral votes to swing the close election.
Since losing the ruling last month in Puerto Rico, the Justice Department has given the matter top priority, urging the US Court of Appeals in Boston to resolve it before the Nov. 7 election.
Also in court yesterday was Puerto Rican Governor Pedro Rosellom and Solictor General Gustavo Gelpi, and Roger Sabat, the island's attorney general.
''My government, the government of the United States, has discriminated for over 100 years against the plaintiff, myself, and ... residents of Puerto Rico by denying our right to vote in presidential elections, to have government by consent,'' Igartua said.
But Collette argued that Puerto Ricans can seek to become a state, or follow the example of Washington, D.C., residents and move to amend the Constitution. The nation's capital now has three electoral votes.
After the hearing, Rosellom said, ''I have a son who lives in Tennessee. He can vote. I have two sons who live in Puerto Rico. They can't vote. Same family. Same parents. Same place of birth. For me, it's an untenable situation.''
Material from the Associated Press was included in this report.
