Briefing
The Tribunal Supremo issued an urgent order on 8 September 2026 provisionally suspending the electoral effects of entries in the Censo Electoral de Residentes Ausentes (CERA) for people who obtained Spanish citizenship under the so-called Ley de Nietos (Disposición Adicional Octava of the Ley de Memoria Democrática). This measure applies to both existing entries and new applications: such entries are not automatically deemed eligible to vote unless the individuals concerned can prove on a case-by-case basis, at the consulates or relevant authorities, that they are descendants of exiles.
The Supreme Court justified its action on the grounds of protecting the transparency and traceability of the electoral process in light of a rapid rise in registrations in the overseas register. The order requires the competent authorities to review the cases concerned and, where there is doubt, to provisionally disregard the electoral registration. The order is provisional in procedural terms; the substantive legal question will be decided definitively in proceedings on the merits.
Both the Fiscalía (Public Prosecutor’s Office) and the Abogacía del Estado had argued during the proceedings against a blanket suspension of the right to vote and warned of the consequences for the political rights of people who had already been naturalised. In its provisional balancing of interests, the Tribunal Supremo did not consider these objections decisive. The Junta Electoral Central was asked to work with the Censo authority and, if necessary, submit instructions on practical implementation.
The Ley de Nietos allows descendants of people who went into exile during the Civil War and Franco dictatorship to recover or acquire Spanish citizenship, subject to certain conditions. Since the provision came into force, the rising number of people granted citizenship has sparked parliamentary and public debate about possible effects on future elections.
With its urgent decision of 8 September 2026, the Supreme Court aims to safeguard the integrity of forthcoming electoral processes without prejudging the final outcome of the legal review. Further procedural steps and additional instructions from the authorities involved were announced for the following weeks.
Editor: Mira Cadena (Article created with AI assistance).