The Tribunal Supremo in Madrid on 8 September 2026 ordered interim measures restricting registration in the overseas electoral register CERA and the dispatch of postal voting papers for people who obtained their nationality under the so-called ley de nietos The court justified the move by citing a “well-founded, real and serious risk” to the objectivity and transparency of future elections. The order is provisional and remains in force until a decision is reached on the merits.
The case was prompted by a lawsuit brought by the group Iustitia Europa and other complainants against a resolution by the Junta Electoral Central dated 16 July 2026. It had clarified the electoral consequences of new registrations in the CERA. The Supremo objected in particular to the scale of the increase: as at 1 July 2026, the CERA had grown by around 408,262 registrations compared with the 2023 general election. The court asked the Junta Electoral Central to provide the underlying administrative files and supporting data so that the origin and legality of the new registrations could be examined.
Politically, the move is highly controversial. Representatives of Partido Popular and Vox They see their warnings of possible “election manipulation” as confirmed and question the procedures for acquiring Spanish nationality and at the consulates. These assessments are political judgements. In the hearings before the Tribunal Supremo, the government and the State Counsel’s Office countered that a precautionary suspension would interfere with the constitutional right to vote and affect nationalities already granted by final decision, despite there being no evidence of systematic irregularities.
The ley de nietos forms part of Spain’s recent politics of remembrance and allows descendants of exiles to acquire Spanish nationality, provided their ancestors’ exile can be proven. One point of contention in the case is the extent to which this proof was required in administrative practice and how the registrations were specifically entered in the CERA.
What happens next depends on the review of the documents requested by the Junta Electoral Central. The court will then rule on the merits of the claims. Until then, legal protection deadlines, the integrity of the CERA and the balance between the aims of historical redress and electoral transparency remain at the heart of the legal dispute. The interim order concerns only the electoral process; the Tribunal Supremo has not ruled on nationality status itself.
Editor: Mira Cadena (Article created with AI assistance).