President

[Neglito]

I've been debating this with a friend of mine if a dominican, born in the U.S. who later becomes a citizen of DR can run for president under the DR constitution?

if not, then what positions can he hold?

[Keith R]

Here are the constitutional requirements:

Artículo 50.- Para ser Presidente de la República se requiere:
1.- Ser dominicano de nacimiento u origen.
2.- Haber cumplido 30 años de edad.
3.- Estar en pleno ejercicio de los derechos civiles y políticos.
4.- No estar en servicio militar o policial activo, por lo menos durante el año que preceda a la elección.

As to who is considered "Dominican" under the Constitution:

Artículo 11.- Son dominicanos:
1.- Todas las personas que nacieren en el territorio de la República, con excepción de los hijos legítimos de los extranjeros residentes en el país en representación diplomática o los que están de tránsito en él.
2.- Las personas que al presente estén investidas de esta calidad en virtud de constituciones y leyes anteriores.
3.- Todas las personas nacidas en el extranjero, de padre o madre dominicanos, siempre que, de acuerdo con las leyes del país de nacimiento, no hubieren adquirido una nacionalidad extraña; o que, en caso de haberla adquirido, manifestaren, por acto ante un oficial público remitido al Poder Ejecutivo, después de alcanzar la edad de diez y ocho (18) años, su voluntad de optar por la nacionalidad dominicana.
4.- Los naturalizados.

[HOWMAR]

Post deleted.
Never mind, you edited your post to answer my question.

[Dolores]

So to answer your question, your friend cannot be President unless born on Dominican territory to a Dominican parent (origin). But I would think it would be debateable whether your friend could be Vice President because the Constitution does not expressly restrict this, as it does in the case of the President. If the case would come up, maybe the Supreme Court would have to rule on this.

Article 11 of the Constitution states in its paragraph IV that Dominicans who take on another nationality cannot opt for the Presidency or Vice Presidency of the country.

But in the case you mention, your friend has not taken on another nationality. Your friend took on the Dominican nationality. As per the Constitution, persons of Dominican origin have the right to opt for Dominican nationality, but the citizenship is only acquired at the age of 18 years -- even if a Dominican passport is issued previously.

From what I understand from reading the Constitution, the American who has acquired Dominican citizenship can opt for any other post other than the Presidency.

[Keith R]

Originally Posted by HOWMAR

Post deleted.
Never mind, you edited your post to answer my question.

Actually I realized that I needed to include the Constitutional definition of what constitutes a Dominican almost as soon as I made the first post, and was in the process of amending the post just as you asked your question -- so didn't even see the question until after I made the amendment...

[Don Juan]

Born in US of Dominican, (me) and Colombian,( wife) parents. My understanding is that they're automatic Colombian citizens by virtue of their parentage.
Was told that in DR it's not automatic but requires them to become naturalized to be citizens. If they do so, would they still be eligible to run for presidente given the fact that they now hold dual citizenship?
My daughter says she wants to become a lawyer then run for president....Didn't specify which country.

[Keith R]

Having met your daughter twice now, Juan, I think I can say she'd make a great president. Seems too ethical to be a lawyer, though. LOL

[Dolores]

No, see the explanation about. To become President a person needs to be born in the Dominican Republic to at least one Dominican parent.

Yes, it is true that citizenship is not automatic in the DR. You need to be naturalized and it is only effective at 18 years, even though the child can get a Dominican passport earlier.

[Don Juan]

Originally Posted by Keith R

Having met your daughter twice now, Juan, I think I can say she'd make a great president. Seems too ethical to be a lawyer, though. LOL

Haaa, you crack me up, Keith! I'll try to dissuade her from it but I can't seem to win an argument!!.. Says lawyers are born, not made!! aarrgh!

Dolores, since a person can not be president unless born in Dominican territory, given the restrictions, what's the highest office one can aspire to?

[Keith R]

Well, Juan, maybe she and my son can go into law practice together, because he's been saying (despite my best efforts) for several years now that he plans to become one of the nation's top lawyers...Although he's quite logical and good at catching holes in other's logic and making tight arguments, I keep telling him he's too big-hearted and ethical! LOL