Photo by Stephanie Klepacki on Unsplash
Four U.S. Postal Service (USPS) employees assigned to the 65th Infantry Postal Office in San Juan, Puerto Rico were charged on March 7, with delay of election mail in violation of Title 18, U.S. Code, Section 1703(a), as announced by W. Stephen Muldrow, U.S. attorney for the district of Puerto Rico. A federal grand jury in the district of Puerto Rico returned the indictment.
Federal prosecutors said that four individual mail carriers, employed by the USPS, are alleged to have delayed and failed to deliver a total of forty pieces of election mail from the September 2022 special election to domiciled active voters in San Juan.
“Our democracy depends on the right of eligible voters to cast a ballot and to have that ballot counted. If voters do not receive their ballots, they cannot execute one of our fundamental rights as United States citizens, the right to vote,” said Muldrow. “The U.S. Attorney’s Office along with our law enforcement partners will continue to protect this fundamental pillar of our society.”
According to federal prosecutors, the USPS is responsible for transporting and delivering absentee and early voter ballots in Puerto Rico, which is recognized by the USPS as election mail. They said that in September 2022, the Puerto Rico State Elections Commission (“Commission”) conducted a special election for the San Juan, Puerto Rico District 1 Senate vacancy.
According to Ballotpedia, the candidates in this race, both from the New Progressive Party, were Juan Morales Rodríguez and Segismundo Gutiérrez Jovet. According to Ballotpedia, there were no incumbents in the race and Morales Rodríguez defeated Gutiérrez Jovet in the special general election held September 11, 2022.
According to federal prosecutors, it is alleged that on Aug. 5, 2022, Christian Benny Díaz-Nieves, a postal carrier technician, unlawfully delayed and did not deliver twenty-two pieces of election mail. It is also alleged that on Aug. 6, 2022, Jonathan David Javier-Pinango, a postal city carrier assistant 1, unlawfully delayed and did not deliver twelve pieces of election mail.
It is further alleged that on Aug. 5, 2022, Michael Negrón-Cabrera, a postal city carrier assistant 1, unlawfully delayed and did not deliver one piece of election mail; and that from Aug. 5, 2022 through Aug. 15, 2022, María De Lourdes Martínez-Garriga, a postal city carrier, unlawfully delayed and did not deliver five pieces of election mail.
Federal prosecutors said each USPS employee was charged separately with unlawful delay of mail and has not been charged with participating in a conspiracy or a scheme to impact the special election. They said the U.S. Postal Service Office of Inspector General (USPS-OIG) is investigating the case with the FBI.
“Voting allows individuals to have a say in the decisions that affect their lives and communities, and it is a powerful tool for promoting social change, Joseph González, special-agent-in-charge of the FBI’s San Juan field office. “Without the right to vote, marginalized groups may be further excluded from the political process, perpetuating inequality and injustice, which is why equal access is crucial and why we have this option to receive the ballot by mail.”
The defendants were scheduled for their initial court appearances on March 14 before U.S. Magistrate Judge Giselle López-Soler of the U.S. District Court for the District of Puerto Rico. If convicted, prosecutors say they face a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. sentencing guidelines and other statutory factors.
Assistant U.S. Attorney Michele Colón and Special Assistant U.S. Attorney Tania Salas-De Jesús from the USPS-OIG are prosecuting the case.
According to 2020 Census data, New York City’s total Puerto Rican population was just over half a million (595,535), representing 6.7% of the City’s population. Also, based on 2020 Census data, almost half (237,047) of those Puerto Ricans live in The Bronx, representing 16.1% of the population of The Bronx, 140,029 live in Brooklyn, representing 5.1% of Brooklyn’s population, 91,274 live in Manhattan, representing 5.3% of Manhattan’s population, 89,115 live in Queens, representing 3.7% of Queens’ population, and 38,070 live on Staten Island, representing 7.6% of Staten Island’s population.
González added, “Public officials across all government agencies must understand that they are held to a higher standard. The people depend on us, and those unwilling to execute their duties only hurt the communities we are meant to serve. I want to thank the Puerto Rico State Elections Commission for quickly reporting this and our valued colleagues at the US Postal Service OIG, who never hesitate to do the right thing.”
The defendants are deemed innocent unless and until convicted in a court of law.
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