Sec. 406. Elections of Senators and Representatives; certification; jurisdiction
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Not later than 30 days after the date of issuance of the Proclamation, the Governor shall issue a declaration to designate and announce the dates and other requirements for primary and general elections under applicable Federal and local law for representation of the State of Puerto Rico in the Senate and the House of Representatives on admission of the State of Puerto Rico into the Union of the United States. The office of Resident Commissioner of Puerto Rico shall cease to exist on the swearing in of the first Member of the House of Representatives from the State of Puerto Rico.
On admission into the Union of the United States, the State of Puerto Rico shall be entitled to representation in the Senate and House of Representatives, with the Senators and Representatives from the State of Puerto Rico entitled— to be admitted to seats in Congress; and to all the rights and privileges of Senators and Representatives of the other States in Congress. In the first election of Senators from the State of Puerto Rico held after the admission date— the 2 senatorial offices shall be separately identified and designated; and no individual may be a candidate for both Senatorial offices designated under clause (i).
Nothing in this paragraph affects the privilege of the Senate to determine the class and term to which each of the Senators elected under this paragraph shall be assigned, except that the 2 Senators may not be in same class. In the first election of Representatives from the State of Puerto Rico held after the admission date and each election thereafter until the first census-based reapportionment election held after the admission date— the State of Puerto Rico shall be entitled to the same number of Representatives as the State, the most recent census population of which was closest to, but not more than, the population of the State of Puerto Rico; and the Representatives elected shall be in addition to the number of Members of the House of Representatives as prescribed by law.
Any temporary increase in the membership in the number of Members of the House of Representatives under clause (i)(II) shall not— increase or decrease the permanent membership of the House of Representatives as prescribed in sections 1 and 2 of the Act entitled An Act for the apportionment of Representatives in Congress among the several States under the Thirteenth Census , approved August 8, 1911 ( 2 U.S.C. 2 ); or affect the basis of reapportionment established by section 22 of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a ), unless Congress increases the total number of Members of the House of Representatives.
During the first census-based reapportionment election held after the admission date and each election thereafter, the State of Puerto Rico shall be entitled to the number of Representatives as provided for by applicable law, based on the applicable reapportionment. The apportionment of congressional districts for an election under clause
(i)shall be conducted as provided for by the constitution and laws of the State of Puerto Rico for State legislative districts. The Elections Commission shall certify the results of the initial primary and general elections for representation in the Senate and the House of Representatives from the State of Puerto Rico under paragraph
(2)or (3)(A) of subsection
(c)to the Governor of the State of Puerto Rico. Not later than 10 days after the date of a certification under paragraph (1), the Governor of the State of Puerto Rico shall— declare the results of the primary or general election, as applicable; and transmit the results of the election to— the President; the President pro tempore of the Senate; and the Speaker of the House of Representatives. The United States District Court for the District of Puerto Rico shall have original and exclusive jurisdiction over any civil action alleging a dispute or controversy relating to any electoral process conducted under this section.
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