The Tribunal Supremo set a non-extendable 48-hour deadline on Tuesday for the parties to submit observations on the provisional suspension of registrations in the Censo Electoral de Residentes Ausentes en el Extranjero (CERA). The deadline set by the Sala de lo Contencioso-Administrativo expires at 3 pm on Thursday. The court then intends to rule on the appeal by the Abogacía del Estado against the suspension already ordered. The proceedings have direct implications for organising overseas votes ahead of the elections in 29 November 2026.
The issue is whether people who acquired Spanish citizenship under the provision popularly known as the Ley de Nietos should be included in the CERA and therefore be allowed to vote from abroad. The Tribunal Supremo provisionally suspended registrations for this group after Vox and the organisation Iustitia Europa applied for interim measures. The Abogacía del Estado then sought to have the suspension lifted by filing a recurso de reposición, citing the protection of the right to vote.
In the observations now requested, the parties are to set out their positions on the scope and consequences of the suspension. According to court information, the issue could affect several hundred thousand naturalised citizens; estimates based on administrative records and media reports put the number at around 400,000. The measure applies solely to electoral registration; the acquisition of citizenship itself is not at issue.
The legal issues concern the proportionality of a blanket suspension without individual hearings, as well as deadlines and organisational matters under electoral law. The regulatory framework introduced in 2022 must also be examined; under it, descendants of exiles from the period between 1936 and 1955 could apply for Spanish documents. In 2022, the administration issued additional guidance on how to apply the rules, which is addressed in the submissions.
It remains unclear whether the Tribunal Supremo will rule before election day. A prompt lifting of the suspension would once again allow affected Spaniards abroad to register. Upholding the suspension or further delays, by contrast, would have immediate consequences for the overseas electoral register and preparations for voting. No information is currently available about the substance of the forthcoming ruling; the court refers to the ongoing proceedings and the observations submitted by the deadline.
Editor: Mira Cadena (Article created with AI assistance).