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

Richard Reid RUSSPAIN.com

Post by Richard Reid

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 challenges the Central Electoral Board’s refusal to suspend postal voting for Spaniards abroad. The party intensifies 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, announcing an appeal to the Supreme Court after the Central Electoral Board (JEC) refused to suspend postal voting for expatriates. The JEC, in a recent session, dismissed Vox’s request, stating it lacked authority to override rights enshrined in both the Spanish Constitution and the LOREG electoral law. The Board emphasized its duty to apply existing legislation as long as it remains in force, leaving no room for unilateral changes to voting procedures.

This setback has not deterred Vox, which is intensifying its campaign against what it sees as government efforts to alter the electoral roll through the so-called Law of Grandchildren. This law grants Spanish nationality to descendants of those who left Spain during the Civil War and Franco dictatorship. According to government estimates, while 2.4 million people have applied for citizenship under this law, only about half a million are expected to gain voting rights by next summer, due to administrative delays at consulates.

Vox is also seeking the annulment of two key instructions from the Directorate General of Security and Legal Certainty that expanded the law’s reach. The first, from 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 requested the State Secretariat for Justice to void both instructions, warning that their cancellation could force the revocation of citizenship for tens of thousands and leave others without legal recourse due to bureaucratic backlogs. If the request is denied or not considered, Vox plans to take the matter to the National Court.

Jorge Buxadé, Vox’s spokesperson in the European Parliament, argues that the law should only apply to descendants of exiles, a group he estimates at no more than 50,000 people—though historians suggest the number of non-returnees exceeds 200,000. He maintains that merely requesting an appointment does not constitute the start of 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 over foreign involvement in Spain’s electoral process. The Ministry of Foreign Affairs, however, notes that Cuban law requires consulates to hire local staff through state-run firms, while Neoris’s role is limited to digitizing paper applications to streamline case management. Final decisions on nationality remain with consular officials.

On the European front, Buxadé is set to meet with Ana Gallego, Director General of Justice at the European Commission, to push a complaint filed by Vox’s secretary general, Ignacio Garriga. The party wants Brussels to launch infringement proceedings against Spain for allegedly granting EU citizenship without sufficient ties or security checks. Vox also aims to bring the issue before the European Parliament’s Civil Liberties Committee, though Buxadé admits the topic has not attracted as much attention as debates over the regularization of undocumented migrants—a subject that has also sparked political friction, as seen in recent disputes over regional funding models highlighted by regional leaders.

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

The debate over expatriate voting and the Law of Grandchildren reflects broader tensions in Spain over citizenship, migration, and the integrity of the electoral process. The Constitutional Court is still considering Vox’s challenge to the Democratic Memory Law, which includes the controversial provisions on nationality. The outcome could have significant implications for future elections and the composition of Spain’s electorate. As the legal and political battles continue, the practical effects—on both new citizens and the Spanish electoral system—remain closely watched by all sides.

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