Spain's Supreme Court has suspended voting rights for those granted nationality under the 'ley de nietos'. The government rejects the decision. Political parties clash over the move's impact on upcoming elections.
Spain’s Supreme Court has upended the electoral process by suspending voting rights for thousands who recently gained Spanish nationality through the so-called ‘ley de nietos’. The decision, announced on September 8, 2026, affects descendants of exiles and leaves more than 2.4 million applicants uncertain about their ability to vote just months before the next general elections. According to EFE and other Spanish media, the court’s order specifically blocks the electoral registration of those who obtained citizenship under the Ley de Memoria Democrática. Their citizenship remains valid, but their right to vote is on hold.
The government quickly pushed back. Elma Saiz, Minister of Inclusion and government spokesperson, said after the Council of Ministers that the executive “does not share” the court’s provisional ruling. Félix Bolaños, Minister of the Presidency, Justice and Relations with the Cortes, described the decision as a precautionary measure, not a final judgment, and warned it could strip thousands of Spanish citizens of their right to vote. Transport Minister Óscar Puente called the ruling “hard to understand.” Both the State Attorney and the Public Prosecutor’s Office argued against the freeze, saying it would undermine the constitutional right to vote.
The Supreme Court established two regimes: for those not yet registered in CERA, the process may continue but final registration is frozen; for those already in CERA, their voting rights are suspended for future elections.
Sumar, the government’s junior coalition partner, went further. Parliamentary spokesperson Verónica Barbero called the court’s action “deeply worrying” and said it opens the door to an “antidemocratic drift” by blocking the vote for people who meet all legal requirements. Sumar sees the move as another example of judicial resistance to the current government, with Barbero saying that trust in the justice system is now “very difficult” for progressives.
Meanwhile, the right and far-right parties welcomed the decision. Vox, which brought the legal challenge with Iustitia Europa, claimed victory for stopping what it calls an “electoral manipulation attempt” by the government. Vox’s Pepa Millán said her party is the only one in parliament to have achieved the suspension of the law’s electoral effects, and accused Pedro Sánchez of trying to “alter the census” for political gain. Jorge Buxadé, Vox’s MEP and legal spokesperson, argued that stopping the “illegal alteration” of the census is not enough. The Partido Popular (PP), though not directly involved in the case, called the ruling a “blow” to what it sees as government efforts to “shamelessly alter” the elections. Alma Ezcurra, PP’s third-in-command, said the party is pleased with the court’s intervention, and party leader Alberto Núñez Feijóo posted on social media that the PP had been right all along.
The dispute centers on the October 2022 Ley de Memoria, which allowed descendants of exiles to obtain Spanish nationality and be registered in the CERA (Censo Electoral de Residentes Ausentes). A later Justice Ministry instruction removed the need to prove direct descent, presuming exile status for anyone whose ancestors left Spain between July 18, 1936, and December 31, 1955. The Supreme Court’s decision now freezes the electoral rights of these new citizens until it rules on the legal challenge from Vox and Iustitia Europa. The government maintains that the court’s decision goes against both its own position and that of the Central Electoral Commission.
The legal dispute is not about mass revocation of citizenship, but rather about verifying documentary proof of origin and status for those applying under the Ley de Memoria Democrática. The Supreme Court's intervention follows urgent hearings held on September 7, 2026, regarding the inclusion of new records in the external electoral register.
Official sources
For the more than 2.4 million people who have already booked appointments at consulates to apply for nationality under this law, the ruling means their right to vote is on hold. The Ministry of Territorial Policy and Democratic Memory confirmed that these applications were made up to March 31, 2026. The court’s intervention directly affects the immediate inclusion of these individuals in the electoral rolls, a move that could reshape the outcome of future elections if reversed.
While the government insists the Supreme Court’s order is only temporary, the political fallout is immediate. The Senate saw heated exchanges as ministers defended their position, pointing out that the final decision on the law’s constitutionality is still pending. The government reminded opponents that previous definitive rulings, such as the European Court of Justice’s decision on the amnesty law, did not receive similar celebration from the right.
This episode highlights the deep divide between Spain’s institutions and political factions. The Supreme Court’s intervention, though provisional, shows a willingness to challenge executive decisions on electoral matters. The government’s defensive stance and the opposition’s celebration reveal a political landscape where judicial and political power are openly at odds. The fate of the ‘ley de nietos’ and the voting rights of new citizens now depend on the court’s final ruling.
