Cuban lawyer Julio Pellitero from the Gowper legal team, with offices in both Spain and the United States, warns that Spanish politicians are deliberately conflating two separate issues: the rights gained by new Spanish citizens under the Grandchildren Law and the suspicions of electoral fraud related to overseas voting. This controversy could unjustly affect Cubans of Spanish descent.
During an interview with Tania Costa for CiberCuba, Pellitero was emphatic: "Here, there are two fundamental issues that politicians are clearly trying to mix." The first is that the rights of those who obtained Spanish nationality through the Democratic Memory Law are enshrined in law and irreversible. The second is that electoral fraud concerning external voting is indeed a real issue but entirely distinct.
Pellitero explained, "The rights of the new Spaniards under the Democratic Memory Law are established. Why? Because they are based on a law that has already had its legal course." He added, "A new law from Congress cannot reverse this situation because that would be essentially unconstitutional. These are rights that are already set."
Understanding the Democratic Memory Law
Pellitero highlighted that the Democratic Memory Law is essentially the second iteration of the 2007 Historical Memory Law, which also granted Spanish nationality to hundreds of thousands from various countries. The deadline to apply to this regulation closed definitively on October 22, 2025, with more than 350,000 Cubans initiating applications and 137,700 cases pending at the Spanish Consulate in Havana.
Separating Electoral Fraud from Citizenship Legitimacy
On the subject of electoral fraud, Pellitero acknowledged its reality but emphasized it should not be confused with the legitimacy of new citizens. "Electoral fraud is real. It should not be conflated with the fact that those who applied under the Democratic Memory Law are full-fledged Spaniards." He further pointed out that "fraud is concentrated precisely in those areas where it is more complicated," citing Cuba and Argentina as examples.
Meanwhile, his colleague, Reimel Ariosa, focused on the technical mechanism fueling the controversy. He believes the issue arises because Spanish consulates require newly naturalized citizens to register in the consular registry to obtain a passport, automatically enrolling them in CERA — the Electoral Census of Absent Residents — thereby enabling them to vote.
Ariosa suggests the key lies in who designs that access. "The intention may not rest with the voter, but with those who grant access to enable voting."
Political Tensions Over CERA Registration
The controversy intensified on June 30 when Vox requested the Central Electoral Board audit and suspend mass CERA registrations, prohibit mail-in voting from abroad, and annul the Grandchildren Law's instruction, accusing the PSOE of "electoral engineering" to manufacture voters.
De Santiago Abascal's party also pointed out that the Spanish government signed a contract in January 2025 worth 1.13 million euros with the Palco Business Group — a Cuban state company linked to the military conglomerate GAESA, sanctioned by the United States since May 2026 — to process applications at the Havana Consulate.
The CERA census is nearing 3 million registrants, although overseas voting participation has historically been low: just 10% in the last general elections, compared to 6.85% in 2019. This sustained growth is precisely what has sparked the political battle in Spain regarding the law and overseas voting.
FAQs on the Grandchildren Law and Electoral Fraud Concerns
What is the Grandchildren Law?
The Grandchildren Law, also known as the Democratic Memory Law, allows descendants of Spaniards, including many from Cuba, to acquire Spanish citizenship.
How is electoral fraud linked to the Grandchildren Law?
Electoral fraud concerns are related to overseas voting, not directly to the rights granted by the Grandchildren Law. Critics argue that these issues are being conflated.
Why is the CERA census controversial?
The CERA census is controversial because of its growth and alleged manipulation to influence elections, which has fueled political tensions in Spain.