The Tribunal Supremo on 12 October 2026 confirmed the interim suspension of voting rights for around 168,000 people who were naturalised under the Ley de Nietos . Five of the six judges on the Administrative Litigation Chamber voted to uphold the measure; one judge issued a dissenting opinion. The suspension affects those who obtained Spanish nationality through the disposición adicional octava of the 2022 Law on Democratic Memory (Ley de Memoria Democrática).
The proceedings were triggered by an application from the party Vox. The Abogacía del Estado had applied to have the suspension lifted; that application has now been rejected. The decision is provisional and does not prejudge the substantive review of the lawfulness of the registration practice.
In her dissenting opinion, Judge María Alicia Millán, argues that the snap election on 29 November 2026 has significantly changed the situation: in the balance, the possible irreversible violation of the affected people’s right to vote carries greater weight. The integrity of the electoral process requires ensuring the participation of those who retain this status under the law currently in force. In her view, the application by the Abogacía del Estado should have been granted.
The majority counter that the suspension is necessary until the substantive legal questions have been resolved, in order to safeguard the legal certainty of the electoral process. The compatibility of the authorities’ practice for implementing the Ley de Nietos with electoral and nationality law has therefore not yet been decided. Pending proceedings on the interpretation of the disposición adicional octava and the arrangements for registering voters are continuing.
Politically, the decision has intensified the debate over the framing of naturalisation and electoral law. Vox and the Partido Popular had repeatedly questioned the integrity of the electoral process in connection with the revised rules. The government, through the Abogacía del Estado, has invoked the protection of the fundamental right to participate in elections and had sought the suspension’s removal for this reason.
For those affected, the ruling means they will be unable to vote in the parliamentary elections on 29 November 2026 without further judicial or legislative steps. It is unclear whether or when the Tribunal Supremo will rule on the merits. The impact on turnout and any subsequent adjustment of the electoral register will depend on how the proceedings develop.
Editor: Mira Cadena (Article created with AI assistance).