The Spanish State Attorney's Office presented its arguments on Tuesday to the Supreme Court's Administrative Litigation Chamber, opposing an extension of the temporary suspension of voting rights for adult children of those nationalized under the "Grandchildren Law." The government cautioned that this measure could impact the conduct and outcome of the elections on November 29.
The request, filed by Iustitia Europa and Vox, seeks to extend the temporary voting suspension to adult children of individuals who gained nationality through historical and democratic memory laws, and who are registered in the Electoral Census of Absent Residents (CERA).
According to judicial data, as of July 31, 2026, there were 189,678 nationality registrations under Annex III. However, this figure does not clarify how many of these individuals are actually listed in the overseas electoral roll and might be affected by the measure.
The aim is to extend the suspension to those registered in CERA who acquired nationality through Annex III. By July 31, 2026, there were 189,678 nationality registrations through this route.
The State Attorney emphasizes that beneficiaries under Annex III do not form a homogeneous group, including both adult children of those naturalized under the 2022 Democratic Memory Law and descendants of those who obtained nationality under the 2007 Historical Memory Law. The latter come from files unrelated to the judicial procedure that initiated the voting suspension.
The government further warns that there is no breakdown available to determine how many citizens belong to each category, complicating the identification of those potentially impacted by an extension of the temporary measures.
The rejection is based on the technical impossibility of executing such a filter less than four weeks before the elections. The electoral roll is officially closed, final lists have been distributed to provincial boards, and consulates have begun sending voting documentation abroad.
State legal services argue that acting now would cause a "severe logistical disruption and procedural collapse" in consular offices and counting tables, as the segregation of envelopes or votes in transit would trigger an unmanageable cascade of challenges.
The State Attorney also describes as "impossible to comply with" the task of individually identifying those affected, locating their parents' files, and reconstructing the nationalization process. Identifying the 163,355 files examined for the initial suspension took a month and a half of uninterrupted work. This timeframe is incompatible with the proximity of the November 29 elections.
On a constitutional level, the government warns that temporarily depriving citizens who hold full Spanish nationality of their right to vote, without a definitive ruling on their cases, would constitute an "irreparable violation of Article 23 of the Constitution."
The legal battle has been escalating for months. In September, the Supreme Court suspended the electoral effects of certain CERA registrations linked to the "Grandchildren Law," and on October 12, it upheld the suspension by rejecting the State Attorney's appeal.
On October 30, the high court refused to urgently adopt the new suspension without first hearing from the parties, and it initiated a process that is now concluding.
By the first half of 2025, the General Consulate of Spain in Havana had received 107,338 nationality applications, and it is estimated that over 350,000 Cubans began the process since October 2022.
However, there is no verified breakdown of how many Cubans are part of the 189,678 Annex III registrations currently in dispute.
It is important to clarify that the temporary suspension does not annul Spanish nationality or revoke passports; it solely affects the right to vote from abroad via CERA. Cubans with Spanish nationality who reside and are registered in Spain can vote on November 29 without any restrictions.
The Supreme Court must decide whether to extend the temporary suspension of voting rights to adult children of those nationalized under the memory laws, a decision that could impact the conduct of the general elections on November 29 and their subsequent results.
FAQs About the Potential Voting Suspension for Nationalized Citizens
What is the "Grandchildren Law" in Spain?
The "Grandchildren Law" refers to legislation that allows grandchildren of Spanish nationals who fled Spain during the civil war or the Franco regime to apply for Spanish nationality.
Why is there a potential suspension of voting rights?
The suspension is being considered due to legal challenges that question the eligibility of certain nationalized citizens, specifically focusing on the electoral impacts of those registered in the CERA.
How many people could be affected by this suspension?
As of July 31, 2026, there were 189,678 nationality registrations under Annex III, but it is unclear how many of these individuals are registered to vote abroad and could be impacted.
Does this suspension affect the nationality status of individuals?
No, the temporary suspension does not revoke Spanish nationality or passports; it only affects the ability to vote from abroad through CERA.