Briefing
The key point: the Sala de lo Contencioso-Administrativo of the Tribunal Supremo issued a precautionary measure on 8 September 2026 suspending the electoral effects of certain entries in the Censo Electoral de Residentes Ausentes (CERA). According to the court order, those affected are people who acquired Spanish nationality under Additional Provision Eight of Law 20/2022 (Ley de Memoria Democrática, often called the “Ley de Nietos”), where their case did not expressly establish that their ancestors had left Spain because of political persecution or exile.
Legal context: The decision is provisional and does not revoke nationality that has already been granted. Instead, the court has suspended entries in the CERA and new applications for registration pending further clarification, or referred them back to consulates for review. The measure followed urgent applications by claimants who argued that the integrity of the electoral register might be compromised. The Junta Electoral Central was instructed by the Tribunal Supremo to review information from consulates and distinguish between cases with documented evidence of exile and those based on the presumption of exile adopted in an instruction.
Positions: According to the records and media reports available, both the Abogacía del Estado and the Fiscalía opposed the precautionary suspension, citing the constitutional protection of the right to vote. The government publicly called for a blanket ban on access to voting rights to be avoided and pointed to the distinction between nationality as an administrative act and the subsequent electoral registration procedures.
Impact and monitoring: The measure could in practice affect up to several hundred thousand or more people registered overseas until the courts reach a final decision. The editorial team is monitoring the case and will report when the full text of official court orders, written rulings from the Junta Electoral Central or further official announcements become available.
Editor: Mira Cadena (Article created with AI assistance).