The Tribunal Supremo on 8 September 2026 has, by interim order, suspended the right to vote overseas for people who acquired Spanish citizenship under the Ley de Memoria Democrática of 2022 – colloquially known as the Ley de Nietos – unless their ancestors’ exile is proven. According to the order, the measure applies both to new entries in the Censo Electoral de Residentes Ausentes (CERA) and to existing entries where the exile requirement has not been proven.
The order was issued by Sección Cuarta of the Sala de lo Contencioso-Administrativo. It follows urgent applications by the political formations Vox and Iustitia Europa, which warned of irreversible effects on future elections. The proceedings concern a decision by the Junta Electoral Central on 16 July 2026. In it, the electoral authority declared itself not competent to rule definitively on the electoral-register implications of the extension of citizenship under the Ley de Memoria Democrática.
The public prosecutor’s office (Fiscalía) and the Abogacía del Estado opposed a precautionary suspension, according to consistent reports. They argued that the right to vote is a constitutionally protected fundamental right whose temporary restriction must meet strict proportionality requirements. The court, by contrast, focused on the risk that entries could be carried forward which might prove unlawful in the substantive proceedings, and considered that risk difficult to reverse.
The government said it disagreed with the Tribunal Supremo’s legal assessment and had confidence in the Junta Electoral Central’s established practice. Opposition parties and associations representing Spaniards living abroad were divided in their response: while the applicants regard the decision as protecting the integrity of the electoral process, civil society organisations criticise it as excessive and affecting fundamental rights.
The interim order is expressly provisional and remains in force until a decision in the substantive proceedings or until it is revoked or modified by the court. For those affected in the Censo Electoral de Residentes Ausentes (CERA), this means that exercising the right to vote overseas is currently conditional on proving their ancestors’ exile. Further proceedings before the Tribunal Supremo and any additional guidance from the Junta Electoral Central will determine the timing and precise scope of the suspension.
The legal issue is how to interpret the conditions under which the easier acquisition of citizenship under the Ley de Memoria Democrática gives rise to electoral consequences overseas. Politically, the question is how the state can maintain the overseas electoral register securely in law without disproportionately restricting constitutional rights. No forecasts have yet been made about the outcome of the substantive proceedings.
Editor: Mira Cadena (Article created with AI assistance).