Politics · Spain · 9 hrs ago
Spain’s Supreme Court keeps voting suspension for some new citizens abroad
Spain’s Supreme Court has kept in place a suspension affecting some people living abroad who gained Spanish citizenship under the “grandchildren law.”
The decision concerns people whose claim relied on a presumption that someone who left Spain between July 18, 1936, and December 31, 1955, was an exile.
Those still awaiting registration on the overseas electoral roll cannot be added, and those already registered under this route cannot vote.
The court said the government had not provided information showing how it was carrying out the earlier order, so the risk of an irregular electoral roll remained.
People who obtain a consular certificate proving descent from someone exiled for political, ideological, religious or sexual-orientation reasons may still vote.
The government had argued that the approaching November 29 election made the suspension difficult to carry out.
It will consider whether it can appeal the decision to Spain’s Constitutional Court.
Spain’s Supreme Court has kept in place a suspension affecting the voting rights of some people who obtained Spanish nationality through the “law of grandchildren.”
The court rejected the State Attorney’s appeal by five votes to one, saying the risk of an irregular electoral register remained.
The suspension applies to people whose nationality was based on a presumption about when their ancestors left Spain, rather than documented evidence of exile.
People who obtain consular certification that their ancestors were exiled for specified reasons may still vote.
The State Attorney’s Office had argued that the approaching 29 November election made it nearly impossible to carry out the suspension.
- Who
- Spain’s Supreme Court and people abroad who obtained Spanish nationality under the “law of grandchildren.
- What
- The court rejected an appeal and maintained a suspension on voting rights for some of those new citizens.
- When
- The ruling was dated 12 October 2026.
- Where
- Spain; the measure concerns Spanish citizens resident abroad and the electoral register for overseas residents.
- Why
- The court said the risk of an irregular electoral register persisted and the government had provided no information about its compliance with the original order.
Spain’s Supreme Court
Spanish State Attorney’s Office and government
Reason for the suspension
Spain’s Supreme Court
The court said the risk of an irregular overseas electoral register remained and the government had not supplied information on how it was implementing the order.
Spanish State Attorney’s Office and government
The State Attorney’s Office argued that the approaching 29 November election made it almost impossible in practice to carry out the suspension.
Voting rights
Spain’s Supreme Court
The court maintained the suspension for affected people, while allowing voting with specified consular certification.
Spanish State Attorney’s Office and government
The State Attorney’s Office and Public Prosecutor’s Office sought to overturn the suspension, with the prosecutor arguing that the right to vote should prevail in balancing the interests.
The Supreme Court adopted the initial precautionary measure suspending voting rights for affected overseas residents.
The Supreme Court rejected the State Attorney’s appeal and maintained the suspension.
The approaching election was cited by the State Attorney’s Office as making implementation of the suspension almost impossible in practice.
- Court decision
- Appeal rejected by five votes to one
- Ruling date
- 12 October 2026
- Affected group
- Some overseas residents who gained Spanish nationality under the “law of grandchildren
- Electoral register
- CERA, the Register of Electoral Residents Abroad
- Exception
- Voting remains possible with consular certification and documentary evidence of qualifying exile
What people are saying
The risk that an Electoral Register, in this case the CERA [Register of Electoral Residents Abroad], will be improperly constituted, without the requirements of accuracy, truthfulness, equality, objectivity and transparency demanded by an electoral process in a representative parliamentary democracy such as Spain, persists with the same intensity.
The allegations presented by the State Attorney and the attached reports provide no data that would allow, even approximately, an understanding of the situation as of the date this order was approved.
Material impossibility of executing a court order cannot be alleged when the cause of non-compliance lies with the Administration responsible for carrying it out.
It seems that the right to vote is not so relevant to some.
Sources
Related news
PSOE and PP trade insults in Spain’s online election campaign
Spanish royal family leads 12 October parade in Madrid
PNV leadership tensions rise over Vizcaya candidate choice
Young Spaniards say government measures have not eased key problems
Four Spanish left-wing parties propose Ada Colau to lead election bid
Government plans new RTVE VAT measure after Congress rejected earlier decree
Mertxe Aizpurua will not run again for EH Bildu in November election
Spain’s Supreme Court keeps voting suspension for 163,020 new citizens
Gabriel Rufián to lead ERC list for Spain’s November general election
Sánchez pledges stronger housing measures and criticises claims about postal voting
ERC and EH Bildu to renew joint Senate election coalition
