Spain's Supreme Court suspends voting roll additions under Democratic Memory Law

Precautionary suspension of absentee voting roll

The Spanish Supreme Court issued an interim injunction on 8 September 2026 suspending automatic additions to the electoral roll for absent residents (CERA) for individuals who obtained citizenship through the 2022 Democratic Memory Law. The ruling partially accepted an emergency appeal by Vox and the legal group Iustitia Europa against a decision of the Central Electoral Board. Under the order, newly naturalized citizens cannot vote unless consular registries explicitly certify that they descend from political exiles.

We do not support or share the Supreme Court's decision, and we have asked them to resolve this as soon as possible because we are talking about fundamental rights.

The 2022 administrative order and exile criteria

The Supreme Court scrutinized an administrative instruction issued on 26 October 2022 by the Directorate General of Legal Security and Public Trust, directed by Sofía Puente within the Ministry of Justice. Published five days after the Democratic Memory Law took effect, the instruction established a presumption of exile for all Spaniards who left between 18 July 1936 and 31 December 1955. Emigrants departing between 1 January 1956 and 28 December 1978 still had to prove exile. This rule allowed economic emigrants to obtain citizenship without demonstrating political persecution.

The instruction resulted in 571,761 approved citizenship grants out of nearly 2.5 million applications. The absentee voter roll rose by 22% to 2.7 million people. The injunction specifically suspends voting rights for those who gained citizenship through this presumption and lack consular certification.

Political confrontation and constitutional appeals

The ruling produced immediate clashes between the central coalition and the opposition. Prime Minister Pedro Sánchez noted that the Popular Party (PP) had won the exterior vote in the 2023 general election, gaining a parliamentary seat. Minister of the Presidency and Justice Félix Bolaños urged the Supreme Court to deliver a final ruling before the May 2027 municipal and regional elections.

I believe it is a decision that has no constitutional basis. I say this with complete firmness. I do not understand how electoral rights can be stolen from people who already hold Spanish nationality.

Culture Minister Ernest Urtasun called the order unconstitutional, and Más Madrid spokesperson Manuela Bergerot announced an appeal to the Ombudsman to petition the Constitutional Court. Conversely, PP leader Alberto Núñez Feijóo and regional officials in Madrid and Aragón supported the suspension. Madrid regional minister Miguel Ángel García Martín said the court checked efforts to alter voter registries.

Reaction from Spaniards abroad

The General Council of Spanish Citizenship Abroad (CGCEE), representing more than 3 million citizens abroad, voiced firm opposition to the suspension.

Having Spanish citizenship but not voting in an election would cause absolutely irreparable harm. An election that is not held with your vote will not be repeated later.

CGCEE President Violeta Alonso Peláez emphasized that denying voting rights creates unequal treatment based on how citizenship was acquired. Over 2.4 million individuals had scheduled consular appointments by 31 May 2026, meaning the decision leaves their voting status unresolved.