A three-judge panel of the 1st U.S. Circuit Court of Appeals overturned a lower court ruling in which a federal judge said Puerto Rico's 2.4 million voters are entitled to vote in the election.

In its ruling, the court cited Article II of the Constitution, which says explicitly that electors must be chosen by the states. The only way around the language would be to make Puerto Rico a state, or to amend the Constitution -- as was done with the 23rd Amendment giving residents in the District of Columbia the right to vote for president in 1961.

Chief Judge Juan R. Torruella agreed with the ruling, but issued a separate, concurring opinion that sharply criticized the U.S. government's "national disenfranchisement" of Puerto Rican citizens.

"The perpetuation of this colonial condition runs against the very principles upon which this nation was founded," Torruella wrote. He said U.S citizens in Puerto Rico "are caught in an untenable Catch-22," which provides a "solid basis for judicial intervention at some point."

"Based on the Constitution, we believe the court's decision today was the correct one," said Charles Miller, a spokesman at the Justice Department. He declined to comment Torruella's concurring opinion.

A representative of Puerto Rico Gov. Pedro Rossello did not immediately return a phone message seeking comment, but Rossello has indicated he would take the case to the U.S. Supreme Court, if necessary.

The case was brought by two groups: one of lifelong Puerto Ricans claiming an inherent right to vote, and another of former residents of the states who moved to Puerto Rico and lost their right to vote.

The same court ruled against Gregorio Igartua, one of the 11 plaintiffs in this case, in a similar lawsuit in 1994. The court said Friday that nothing had changed since 1994 and the ruling must stand.

Puerto Ricans are allowed to vote in presidential primaries, but not in the general election. Congress made Puerto Ricans U.S. citizens in 1917, and Puerto Ricans who move to the mainland are allowed to vote in presidential elections. The territory has 3.5 million residents.

If Puerto Rico residents were allowed to vote, sending eight electors to the Electoral College, it could influence this year's close presidential race.

Statehood has not yet won islanders' approval, though it has received a growing share of votes in referenda.