Government decries 'extraordinary gravity' in court clash
The Spanish government has strongly criticised a Supreme Court decision to suspend the right to vote for around 163,000 people who obtained nationality under the Democratic Memory Law, commonly known as the 'grandchildren’s law'. Government spokesperson and Minister Elma Saiz described the move as 'of extraordinary gravity' during a press conference following Tuesday’s Council of Ministers meeting. These individuals, descendants of Spaniards who fled during or after the civil war and dictatorship, were granted nationality based on a 2022 administrative instruction. That instruction presumed exile status for anyone who left Spain between 18 July 1936 and 31 December 1955. The Supreme Court has now upheld a precautionary suspension preventing this group from being included in the Electoral Census of Absent Residents (CERA), effectively barring them from voting in the upcoming general elections on 29 November 2026.
Legal and administrative challenges ahead
In a democracy the right to vote is guaranteed and not restricted.
According to government sources, the State Advocacy Office is studying whether to appeal the Supreme Court’s decision to the Constitutional Court. However, officials note that legally, the appeal should come from those directly affected. The government acknowledges the ruling must be respected, stating, 'The Government always complies with judicial resolutions,' while admitting the practical implementation of removing names from the census across Spain’s global consular network is 'extremely complex'. The Supreme Court maintains that only those who can prove direct political persecution of their ancestors should benefit from the voting rights tied to nationality under the law. Critics, including the government, argue this standard is unworkable, as many exiles fled with little documentation. Meanwhile, opposition parties PP and Vox have welcomed the ruling, with PP leader Alberto Núñez Feijóo citing concerns over electoral integrity.
The government continues its legal analysis, but for now, the suspension stands. Affected citizens are advised to consult the official Electoral Census portal for updates on their registration status: https://sede.mir.gob.es/servicios/PadronElectoral/ConsultaPadronElectoral.
Primary sources: lamoncloa.gob.es. Reported by en.ara.cat, democrata.es, Clara Cerrada of, russpain.com, ERN Newsroom, en.wikipedia.org, english.elpais.com.
