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Vox Appeals to Supreme Court After Electoral Board Rejects Expat Voting Ban

Vox Appeals to Supreme Court After Electoral Board Rejects Expat Voting Ban RUSSPAIN.com © russpain.com
Vox Appeals to Supreme Court After Electoral Board Rejects Expat Voting Ban © russpain.com
Vox is challenging the Central Electoral Board’s refusal to suspend postal voting for Spaniards abroad. The party is stepping up its campaign against the Law of Grandchildren, citing risks to the electoral roll and legal uncertainty.

Vox has escalated its legal battle over the voting rights of Spaniards living abroad. The party announced an appeal to the Supreme Court after the Central Electoral Board (JEC) refused to suspend postal voting for expatriates. At a recent session, the JEC dismissed Vox’s request, saying it lacked authority to override rights protected by both the Spanish Constitution and the Organic Law of the General Electoral Regime (LOREG). The Board said it must apply existing legislation for as long as it remains in force, leaving no room for unilateral changes to voting procedures.

The setback has not deterred Vox. The party is stepping up its campaign against what it sees as government efforts to change the electoral roll through the so-called Law of Grandchildren. The law grants Spanish nationality to descendants of people who left Spain during the Civil War and Franco dictatorship. Government estimates cited in the debate put applications for citizenship under the law at 2.4 million. Because of administrative delays at consulates, only about half a million are expected to gain voting rights by next summer.

Vox is also seeking to annul two instructions from the Directorate General of Legal Security and Public Faith that expanded the law’s reach. The first, issued in October 2022, extended eligibility to descendants of economic migrants. The second, issued in November 2024, allowed applicants to benefit from the law even if they had not submitted all required documents by the legal deadline. Vox has formally asked the State Secretariat for Justice to void both instructions. It warns that their cancellation could force the revocation of citizenship for tens of thousands and leave others without legal recourse because of bureaucratic backlogs. Nationality and justice-related administrative procedures are handled through official government channels, including the Ministry of Justice’s citizen-services area. If the request is denied or left unconsidered, Vox plans to take the matter to the National Court.

Jorge Buxadé, Vox’s spokesperson in the European Parliament, argues that the law should apply only to descendants of exiles. He estimates that group at no more than 50,000 people, though historians say the number of non-returnees exceeds 200,000. Buxadé maintains that merely requesting an appointment does not begin a legal process or confer any rights. Vox has also called for the cancellation of contracts awarded to Cuban company Palco and Miami-based Mexican tech consultancy Neoris, citing concerns about foreign involvement in Spain’s electoral process. The Ministry of Foreign Affairs, but, says Cuban law requires consulates to hire local staff through state-run firms. Neoris’s role, it says, is limited to digitizing paper applications to simplify case management. Final decisions on nationality remain with consular officials.

In Europe, Buxadé is set to meet with Ana Gallego, Director General of Justice at the European Commission, to promote a complaint filed by Vox’s secretary general, Ignacio Garriga. The party wants Brussels to launch infringement proceedings against Spain, alleging that the country is granting EU citizenship without sufficient ties or security checks. Vox also aims to bring the issue before the European Parliament’s Civil Liberties Committee. Buxadé acknowledges that the issue has drawn less attention than debates over the regularization of undocumented migrants. Those debates have also fueled political friction, including recent disputes over regional funding models highlighted by regional leaders.

Vox is urging the regional governments it co-governs with the PP to join legal actions, arguing that the influx of new citizens could affect regional electoral rolls. Those governments are in Extremadura and Aragón, as well as Castilla y León and Andalucía. Vox MP Ignacio de Hoces has criticized the lack of transparency and legal certainty in registering new citizens. He warns that as many as 20 parliamentary seats could shift because of a few thousand votes. The JEC has tasked the Electoral Census Office with drafting guidelines to clarify how municipalities of electoral registration are determined, including documentation requirements and criteria for establishing residency ties. Vox leader Santiago Abascal remains unsatisfied and accuses the government of trying to manipulate upcoming elections. The party has formed a dedicated working group to challenge the Law of Grandchildren on every possible front.

The debate over expatriate voting and the Law of Grandchildren reflects broader tensions in Spain over citizenship and migration, as well as the integrity of the electoral process. The Constitutional Court is still considering Vox’s challenge to the Democratic Memory Law, which includes the controversial nationality provisions. The outcome could have impressive implications for future elections and the makeup of Spain’s electorate.

Richard Reid RUSSPAIN.com
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Richard Reid

Richard Reid is the News Editor at RUSSPAIN.COM. He oversees editorial standards, source review and corrections and writes across general news, including politics, economics and social affairs.