Torres-Torres v. Commonwealth of Puerto Rico

This is a challenge to a Puerto Rican law, 21 P.R. Laws Ann. § 4101(f), that permanently disqualifies as a candidate for mayor any person who has been removed from public office for misconduct. 1 Plaintiff Cesar Torres-Torres, a member of the New Progressive Party (NPP), seeks to run for mayor of the municipality of Juncos. Pursuant to § 4101(f), however, he has been barred from doing so because of his removal from that post in 1987. Objecting to such ""decertification,"" plaintiff filed the instant action under 42 U.S.C. § 1983 alleging that the statute contravened the First and Fourteenth Amendments. The district court rejected those claims on the merits and plaintiff has appealed. Severe time constraints are present: plaintiff filed the appeal on October 17, 2003 and, rather than seeking a stay, has requested that a decision be issued before November 9, 2003, the date of the NPP primary. By agreement, the parties have filed briefs on an expedited basis and have waived oral argument. Having fully reviewed the record and the parties' submissions, we now affirm.