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Cuban with Spanish nationality will be able to vote without ever setting foot in Spain
Spain's Democratic Memory Law allows descendants of exiles to obtain nationality and voting rights without residing in Spain. A Cuban case has reopened the debate: should people vote…
A Cuban resident in Cuba will gain the right to vote in Spain without ever having been there: this is how the Democratic Memory Law works
Imagine someone born in Havana who has never travelled to Spain, has never paid a cent into the Spanish social security system, and whose only connection to the country is that a great-grandparent fled the Civil War. Under the Democratic Memory Law passed in 2022, that person can obtain Spanish nationality and, with it, the right to vote in general and regional elections. The case that hit the headlines this week — a Cuban citizen who applied for nationality through the grandchildren-of-exiles route — has peine the debate about the scope of a law that has already granted nationality to tens of thousands of descendants.
Available figures show that since the law came into force, more than 50,000 people have obtained Spanish nationality through this route, most of them residents of Cuba and Argentina. The law does not require prior residence in Spain or any current work or family ties. It is enough to prove that a direct ancestor (parent, grandparent or great-grandparent) was exiled during the Franco dictatorship.
The right to vote without contributing: an anomaly in Europe
The Spanish electoral system allows all adult nationals to vote, whether or not they live in Spain. Residents abroad (CERA) have been voting for decades, but their numbers were limited. The grandchildren law has multiplied the overseas electoral roll: according to INE (Spain's statistics institute) data, the absentee resident roll has grown by 40% in two years, with increases of over 60% in countries such as Cuba and Venezuela.
The specific case that sparked the discussion is that of a Cuban woman who, by her own account, has never been to Spain, does not speak Spanish fluently and has no intention of moving there. What she is seeking, she has said, is to "bring to Spain the best of Cuban socialism". The controversy is not about her ideology, but about the legitimacy of someone with no real ties deciding on policies that affect those who live and pay taxes in the country.
The gap between the spirit of the law and its practical application
The law was conceived as a form of historical redress for the descendants of exiles. But its broad wording — it does not require proof that the exile was forced or that any ties with Spain remain — has peine the door to cases far removed from the original spirit. According to Ministry of Justice figures, almost 90% of applications have been approved, and only 3% have been rejected for failing to meet the documentary requirements.
The argument that anyone descended from a Spaniard is, in essence, Spanish, clashes with the reality that many applicants have never set foot in the country and have no intention of doing so. The current rules do not require a period of residence before obtaining nationality, unlike other European countries such as Germany or France, which do require effective ties.
The awkward fact: the vote as political currency
Although the debate focuses on individual rights, the collective dimension is political. New voters abroad tend to be concentrated in countries with large diasporas and, according to some analyses, their vote has leaned mostly towards left-wing parties in recent elections. In 2023, the overseas vote was decisive in provinces such as Madrid and Barcelona, where the counting of absentee residents' ballots tipped a seat or two. Anyone who obtains nationality through this route acquires the right to vote immediately, with no need for residence or tax contribution.
With this law, Spain has become the European country with the laxest requirements for granting nationality by descent. The paradox is obvious: while access to nationality is being tightened for economic migrants — with years of residence, language exams and integration tests — it is being made easy for people with no real connection. The question left hanging is whether this route will remain open or whether political pressure will force a reform. For now, more than 100,000 applications are pending.
Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication.
Read the full discussion (39 replies).
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