Spain's PSOE asks Supreme Court to let unverified grandchildren of exiles vote
The State Attorney's Office says reviewing the 168,896 affected voters before the electoral roll closes on 12 October is impossible. It asks for the suspension to be lifted.
English · Original discussion in Spanish · Published
The State Attorney's Office has asked Spain's Supreme Court to lift the precautionary measure that suspended the voting rights of those registered on the CERA (electoral roll for residents abroad) under the so-called grandchildren law, arguing it is impossible to verify each case before the electoral roll closes on 12 October. The Supreme Court must rule after giving the parties 48 hours to submit arguments.
The State Attorney's Office has sent a brief to the Supreme Court arguing that it is materially impossible to enforce the precautionary measure suspending the voting rights of those registered on the Census of Residents Abroad (CERA) under the so-called grandchildren law before the general election on **29 November**. The verification process would have to be completed before the roll closes, scheduled for **12 October**. It therefore requests that the suspension be lifted and its motion for reconsideration, filed in September, be upheld.
## What the Supreme Court ordered and why it blocks the vote
The Third Chamber of the Supreme Court ruled that those who had obtained Spanish nationality under the Democratic Memory Law and were already registered on the CERA through the grandchildren law would see "the electoral effects of their registration on that roll suspended for any elections that may be called, until judgment is delivered in this case". In other words, the registration remains in place, but it produces no electoral effect until there is a ruling.
The problem, according to the State's legal services, is the timetable. Under Article 39.2 of the Organic Law on the General Electoral Regime (LOREG), the electoral roll must be available on **12 October** so that town halls and consulates can make it available for consultation for eight days. Within that period, anyone may file a claim about their roll data. If the review is not completed by that date, the effect is the full and irreversible deprivation of the right to vote, the Government argues.
## 168,896 voters and a register that cannot tell them apart
The State Attorney's Office puts at **168,896** the number of voters who could be affected by the precautionary measure. The brief explains that, if material impossibility had set **1 January 2027** as a reasonable timeframe for certifying those voters, that impossibility is aggravated when the deadline is shortened to **12 October**, as required by the LOREG.
The technical obstacle lies in the Consular Registration Register. According to the brief, that register does not allow identification of which CERA registrants obtained nationality under the Democratic Memory Law or for another reason without a manual, case-by-case check of the marginal annotations made. Enforcing the Supreme Court's ruling requires an IT adaptation that is still being developed. Given how long ago the grandchildren law came into force, a complete automatic purge across the different routes to acquiring nationality is not possible, the State Attorney's Office insists.
The figures the Government handles through its legal services are substantial: there are **304,272** new applications awaiting a decision and **1.1 million** requests pending processing.
## Who has acted to keep the suspension alive
After the announcement of the early election on 29 November, Iustitia Europa and Vox each filed briefs with the Administrative Litigation Chamber to ensure the precautionary suspension remains effective. Iustitia has asked the Chamber to order that those affected by the measure be determined "immediately". Vox has asked the High Court to declare that the suspension ordered "applies to the elections of 29 November 2026" and to order the Central Electoral Board to take immediate measures to "safeguard the purpose of the precautionary measure".
The Supreme Court has given the parties **48 hours** to submit arguments before ruling on the motion concerning the grandchildren law. The decision that emerges will determine whether those **168,896** voters can vote on 29 November. The case mixes electoral law, immigration matters and a timetable that allows no extensions: the roll closes on 12 October and there is no margin to review each file by hand.
All of the above are ongoing legal and electoral arguments. Any decision on voting rights or nationality should be discussed with a specialised lawyer.
The State Attorney's Office has sent a brief to the Supreme Court arguing that it is materially impossible to enforce the precautionary measure suspending the voting rights of those registered on the Census of Residents Abroad (CERA) under the so-called grandchildren law before the general election on **29 November**. The verification process would have to be completed before the roll closes, scheduled for **12 October**. It therefore requests that the suspension be lifted and its motion for reconsideration, filed in September, be upheld.
## What the Supreme Court ordered and why it blocks the vote
The Third Chamber of the Supreme Court ruled that those who had obtained Spanish nationality under the Democratic Memory Law and were already registered on the CERA through the grandchildren law would see "the electoral effects of their registration on that roll suspended for any elections that may be called, until judgment is delivered in this case". In other words, the registration remains in place, but it produces no electoral effect until there is a ruling.
The problem, according to the State's legal services, is the timetable. Under Article 39.2 of the Organic Law on the General Electoral Regime (LOREG), the electoral roll must be available on **12 October** so that town halls and consulates can make it available for consultation for eight days. Within that period, anyone may file a claim about their roll data. If the review is not completed by that date, the effect is the full and irreversible deprivation of the right to vote, the Government argues.
## 168,896 voters and a register that cannot tell them apart
The State Attorney's Office puts at **168,896** the number of voters who could be affected by the precautionary measure. The brief explains that, if material impossibility had set **1 January 2027** as a reasonable timeframe for certifying those voters, that impossibility is aggravated when the deadline is shortened to **12 October**, as required by the LOREG.
The technical obstacle lies in the Consular Registration Register. According to the brief, that register does not allow identification of which CERA registrants obtained nationality under the Democratic Memory Law or for another reason without a manual, case-by-case check of the marginal annotations made. Enforcing the Supreme Court's ruling requires an IT adaptation that is still being developed. Given how long ago the grandchildren law came into force, a complete automatic purge across the different routes to acquiring nationality is not possible, the State Attorney's Office insists.
The figures the Government handles through its legal services are substantial: there are **304,272** new applications awaiting a decision and **1.1 million** requests pending processing.
## Who has acted to keep the suspension alive
After the announcement of the early election on 29 November, Iustitia Europa and Vox each filed briefs with the Administrative Litigation Chamber to ensure the precautionary suspension remains effective. Iustitia has asked the Chamber to order that those affected by the measure be determined "immediately". Vox has asked the High Court to declare that the suspension ordered "applies to the elections of 29 November 2026" and to order the Central Electoral Board to take immediate measures to "safeguard the purpose of the precautionary measure".
The Supreme Court has given the parties **48 hours** to submit arguments before ruling on the motion concerning the grandchildren law. The decision that emerges will determine whether those **168,896** voters can vote on 29 November. The case mixes electoral law, immigration matters and a timetable that allows no extensions: the roll closes on 12 October and there is no margin to review each file by hand.
All of the above are ongoing legal and electoral arguments. Any decision on voting rights or nationality should be discussed with a specialised lawyer.
Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication. Read the full discussion (10 replies).
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