Spain’s Supreme Court (Tribunal Supremo) on 8 September 2026 provisionally suspended, by urgent order, the voting rights of people living abroad who obtained Spanish citizenship under the so-called Ley de nietos of Ley 20/2022 (Ley de Memoria Democrática) without proving to the competent consular authority that their ancestors had gone into exile or been persecuted. The measure applies through the overseas register Censo Electoral de Residentes Ausentes (CERA), in which those affected must be registered to vote from abroad.
The order remains in force until the main proceedings are decided. It does not change the status of naturalisation, but provisionally limits the exercise of voting rights from abroad. Applications for interim relief were brought, among others, by Vox and the association Iustitia Europa Both cited possible irregularities in CERA registrations connected with the application of the Ley de nietos.
The Junta Electoral Central had already requested further information on 16 July 2026 about the practical implementation of the Ley de nietos, but had not stopped the ongoing compilation of the CERA. In submissions in the urgent proceedings, both the Fiscalía General del Estado and the Abogacía del Estado opposed a blanket suspension of voting rights. The government criticised the order and stressed that lawful naturalisation generally confers the associated civil rights.
At the heart of the dispute is how to interpret the requirements of the Ley de Memoria Democrática: anyone claiming rights under the Ley de nietos must prove that their ancestors went into exile or were persecuted for political, ideological or religious reasons between 18 July 1936 and 28 December 1978. It is disputed what evidence is sufficient and how consulates should assess it. The Tribunal Supremo described the suspension as a precautionary measure to protect the integrity of the electoral register until the legal questions are resolved.
A final decision will be made in the pending main proceedings. Until then, CERA registrations based on the Ley de nietos that do not include recognised proof of exile remain suspended for voting. This means those affected cannot vote from abroad until the matter is resolved, while registrations already recognised and verified remain valid and unchanged.
Editor: Mira Cadena (Article created with AI assistance).