Spain’s Supreme Court (Tribunal Supremo) on 12 October 2026 upheld the precautionary suspension of voting rights for people who obtained citizenship through the so-called Ley de nietos . This means that 163,020 naturalised citizens already registered on the overseas electoral roll remain barred from voting in the parliamentary election on 29 November 2026 . The decision was made in expedited proceedings; the judges cited risks to the proper conduct of the election if the registrations were allowed to take effect now.
The proceedings were triggered by the early addition of these new citizens to the Censo Electoral de Residentes Ausentes (CERA). The Junta Electoral Central suspended the relevant registrations following the court’s ruling. The consulates and the Ministerio de Asuntos Exteriores together with the Instituto Nacional de Estadística (INE) remain responsible for ongoing checks. An urgent application by the Abogacía del Estadoto lift the suspension was unsuccessful.
The Ley de nietos is a transitional provision enshrined in the Ley de Memoria Democrática of 19 October 2022. It makes it easier for descendants of Spaniards who went into exile during the Civil War and the early dictatorship to acquire citizenship. It applies to a historically defined period from 18 July 1936 to 31 December 1955, and recognises cases of exile resulting from political, ideological, religious or sexual persecution.
The government criticised the continuation of the suspension as disproportionate and announced legal action, including a possible appeal to the Tribunal Constitucional. Opposition parties and associations have differing views on the ruling: supporters see it as necessary to protect electoral rules, while critics see it as an unjustified infringement of the voting rights of formally recognised citizens.
For the 29 November election, the key question is whether the Tribunal Supremo upholds or lifts the interim measure in the main proceedings, and how quickly the consulates check individual registrations. Until a further court decision, those concerned are deemed ineligible to vote on the CERA – whether in Spain or by post from abroad.
According to the government and consistent media reports, the provisional suspension currently covers 163,020 cases already registered. The Foreign Ministry regularly updates further figures on applications and approvals in coordination with the statistics office.
Editor: Mira Cadena (Article created with AI assistance).