The Spanish Supreme Court rejects VOX's request and allows nearly 200,000 naturalized foreigners to vote under the Grandchildren's Law

The Supreme Court of Spain rejected the request from VOX and Iustitia Europa to extend the suspension of the right to vote to another 189,678 citizens who were naturalized under the so-called Grandchildren's Law, a decision that will allow this group to participate in the general elections on November 29.

The ruling represents a new judicial setback for both parties, which seek to ensure that the electoral roll of absent residents (CERA) is made up of citizens whose nationality and registration conditions can be duly verified.

VOX's argument aimed to ensure that the review was not limited to descendants who directly obtained nationality through the eighth additional provision of the 2022 Democratic Memory Law, but also included their adult children, who were subsequently incorporated through another avenue provided for in the same regulation.

The central argument was that if there are questions about how the parents obtained Spanish nationality, it is also necessary to examine the registrations of those who acquired that right through them.

However, the judges considered that starting a new administrative and judicial review just days before the elections could compromise the electoral organization and the stability of the process.

VOX sought to expand the review of the electoral roll before November 29

The controversy originates from the application of the Democratic Memory Law, approved in 2022 during Pedro Sánchez's government, which opened various avenues for descendants of Spaniards to access nationality.

The first allowed individuals born outside of Spain whose parents, grandparents, or grandmothers were originally Spanish and lost or renounced their nationality due to exile for political, ideological reasons, or related to sexual orientation and identity to be naturalized.

The second avenue extended this possibility to the adult children of those who had obtained nationality through this provision or through the 2007 Historical Memory Law.

Specifically, VOX and Iustitia Europa questioned why the control measures adopted by the Supreme Court did not also apply to this second group.

In September, the high court had partially accepted the precautionary measures requested by both parties and suspended the voting rights of thousands of naturalized citizens registered in the CERA, except for those who could prove they met the conditions related to exile.

The new submission sought to extend that criterion to the 189,678 voters registered through the second avenue of acquiring nationality.

The Supreme Court argued that there is not enough time to review the registrations

In its ruling, the Administrative Litigation Chamber acknowledged that the proposal was related to the precautionary measures adopted previously. However, it considered that the electoral calendar no longer allowed for a review of such magnitude with all the necessary guarantees.

To apply the requested suspension, it would have been necessary to identify the 189,678 voters, verify the avenue through which their parents obtained nationality, update the records, and enable instances for presenting allegations and potential appeals.

The judges also pointed out that the Electoral Census Office still had 30,482 records pending identification to comply with previous rulings.

According to the court, the request came just one week before the start of the electoral campaign and two weeks before the beginning of in-person voting at consulates.

For this reason, the judges concluded that starting a new procedure could compromise legal certainty and electoral stability.

The controversy over the 163,000 naturalized citizens whose vote has already been suspended

The decision must be analyzed alongside the measures that the Supreme Court had previously adopted regarding another 163,355 citizens incorporated into the electoral roll through the Grandchildren's Law.

Of that universe, 901 individuals presented consular certificates proving they met the requirements related to exile and were excluded from the suspension. The other 162,454 voters remained affected by the precautionary measure.

The court had based that decision on the need to preserve the accuracy, truthfulness, equality, and transparency of the electoral roll.

Now, however, it decided not to extend the same procedure to second-generation descendants due to the operational difficulties that modifying the register again would entail just days before the elections.

The ruling does not imply that the Supreme Court has dismissed the substantive questions raised by VOX and Iustitia Europa or that it has judicially validated each of the registrations. What it rejected was the expansion of the precautionary measures at this point in the electoral calendar.

VOX keeps the debate on the Grandchildren's Law and the electoral roll open

The ruling again places under discussion the electoral consequences of the Democratic Memory Law promoted by Pedro Sánchez's government.

The central issue is how to ensure that those participating in general elections effectively meet the legal conditions to be part of the electoral roll, without compromising individual guarantees or the integrity of the process.

For VOX, the review of the registrations is fundamental given the doubts raised about the application of the naturalization mechanisms and their impact on external voting.

The Supreme Court's decision establishes that there is no time margin to now extend the restrictions to another 189,678 voters, who will be able to participate in the elections on November 29.

Meanwhile, the judicial controversy leaves the debate open on administrative controls, the traceability of naturalizations, and the guarantees that must govern the composition of the Spanish electoral roll.