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Supreme Court keeps 163.020 new Spaniards from voting in general election

The Supreme Court has confirmed the precautionary suspension that prevents 163.020 people who obtained nationality under the grandchildren law from voting in…

--- The context --- Spain heads toward its general election on November 29 with part of its citizenry living abroad awaiting a court decision that directly affects their right to vote. The dispute is not about the nationality of the people concerned, which this ruling does not alter, but about one concrete effect of that nationality: their registration on the Census of Absent Residents and, therefore, their ability to take part in the election. At the centre of the litigation is an administrative instruction issued in October 2022 in connection with the Democratic Memory Law passed that same month. --- The facts --- The Supreme Court confirmed on Monday the precautionary suspension that prevents 163.020 people who obtained Spanish nationality through the law commonly known as the grandchildren law from voting on November 29. The Contentious-Administrative Chamber rejected the appeal for reconsideration filed by the State Legal Service and kept in force, without changes, the precautionary measure adopted on September 10 at the request of Vox and Iustitia Europa. The National Statistics Institute has been ordered not to add to the census anyone who was not yet registered and to keep blocked the electoral effects of those who already appeared on it. The background is the growth of the overseas census. In the general election of July 23, 2023, 2.328.260 voters living abroad were called to vote, while on August 1, 2026 the census stands at 2.747.688 people, an increase of 419.428 voters equivalent to 17.7%. Of the total of 544.722 people who, according to Government figures, have obtained nationality through this route up to June 2026, 369.017 managed to register on the census of absent residents. Of those, 163.020 already appeared on the census closed on August 1, 2026, the one that electoral law sets as the mandatory reference for this election because it closed two months before the call. --- The positions --- The Supreme Court held that this growth, largely linked to the 2022 instruction, represents a founded, real and serious danger to the objectivity and transparency of the electoral process, and it based the suspension on that argument. The court made clear that what is being questioned is the presumption contained in the instruction, not the law itself. According to the ruling, that instruction automatically presumes exile status for all Spaniards who left the country between the coup of 1936 and December 31, 1955, without requiring them to provide documentary proof that the exile had political causes. The State Legal Service challenged the suspension through an appeal for reconsideration, which the Chamber has rejected. --- What remains unknown --- There is still no official figure showing how many of the 163.020 people affected already voted in 2023. The challenged instruction has been in force since October 2022, nine months before that election, so part of the group may have registered and cast a vote then under the same administrative criterion. Neither the Consular Registration Register nor the census of absent residents automatically identifies the legal route through which each person acquired Spanish nationality, and establishing the figure would require reviewing file by file, something the Government itself has described as unfeasible in the short margin remaining until November 29. As an approximation, around 9% of the overseas census voted in 2023, some 208.000 people, and applying that share to the suspended group would place at around 14.700 the people who voted then and would now be left out. --- Unanswered questions --- How many of the suspended people had effectively voted in the 2023 election? Will consular registers be able to issue in time the certifications that allow the right to vote in this election to be preserved? What weight will the submissions of those affected carry during the five-day period opened after publication of the ruling? Will the decision on the merits of the litigation arrive before its effects become consolidated after the election? --- EPM analysis --- From a rights-centred perspective, the case exposes a difficult tension: protecting electoral transparency should not translate, without a complete individual review, into the practical loss of suffrage for thousands of citizens whose nationality is not in question. The exception provided for those who obtain a consular certification showing that on August 1, 2026 they met the requirements demanded directly by the law opens a route to correction, but it shifts the burden of proving the right onto each affected person and depends on very short deadlines. The merits of the case remain open and will be resolved once the election has already taken place. 📌 EPM Take: In EPM's view, a suspension that leaves 163.020 citizens without a vote requires the utmost institutional caution, because the right affected is suffrage and because the underlying litigation still has no final judgment. Census transparency deserves effective protection, but that protection gains legitimacy when it is exercised with individual review, workable deadlines and accessible certifications for those who comply with the law. If accreditation depends on procedures that prove unfeasible to complete in time, the risk is that a precautionary measure produces definitive effects on the composition of the electorate before any court has ruled on the legality of the challenged instruction in this Spanish judicial proceeding.
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