The Supreme Court suspends voting from abroad for those who obtained Spanish nationality under the "Grandchildren's Law"

Summary

On September 8, 2026, the Third Chamber of Spain's Supreme Court suspended, as an interim measure, the electoral effects of nationality obtained under the so-called "Grandchildren's Law" in cases where the ancestor's exile was not documented and merely presumed. Nationality is not revoked. What remains on hold, pending the Court's final judgment, is voting from abroad.

On September 30, the matter saw renewed developments in both the Senate and the Congress of Deputies. The Consulate General of Spain in Mexico ranks fifth across the entire consular network by volume of applications; consequently, this ruling affects thousands of individuals here, including clients, personnel, and their families.

1. What the Supreme Court Decided

The Fourth Section of the Contentious-Administrative Chamber ruled on the preliminary measures stage of appeal 1013/2026, lodged by Vox, and issued a concurrent order in the appeal brought by the association Iustitia Europa. Both challenge the resolution of the Central Electoral Board (JEC) dated July 16, 2026, concerning additions to the Electoral Roll of Absent Residents (CERA) derived from this law. The ruling was issued with a dissenting opinion by Magistrate María Alicia Millán Herrandis.

The measure takes effect upon notification and applies to individuals who obtained Spanish nationality of origin through the exile route set forth in paragraph one of additional provision eight, section 1, of the Democratic Memory Law. The court order distinguishes between two scenarios:

• Those not yet registered in CERA. Their application procedure continues, but their registration on the electoral roll is suspended until a final judgment is rendered.
• Those already registered. The electoral effects of their registration are suspended for any subsequent elections that may be called until a final judgment is rendered.

The suspension does not apply to individuals for whom the heads of the Consular Civil Registries issue a certification verifying that they were born outside Spain to a father, mother, grandfather, or grandmother originally Spanish who suffered exile for political, ideological, belief-related, or sexual orientation and gender identity reasons, and who as a result lost or renounced their nationality, without applying the presumption under the 2022 Instruction.

The Court ordered the JEC to immediately direct the Consular Registries, and the Electoral Roll Office to segregate files approved with direct evidence of exile from those approved on the basis of the presumption under the Instruction. It likewise established deadlines for the JEC: fifteen days for the supplementary report from the Electoral Roll Office and ten days to approve the implementing instruction. The JEC complied on September 14, and on September 16 the Ministry of Foreign Affairs instructed consulates to issue the corresponding certifications.

2. The Origin of the Issue: The Presumption of Exile

The eighth additional provision of Law 20/2022, on Democratic Memory, established a right of option to Spanish nationality for three groups. The first comprises individuals born outside Spain to a father, mother, grandfather, or grandmother originally Spanish who lost or renounced their nationality "as a consequence of having suffered exile." The remaining two groups include children of Spanish women who lost their nationality by marrying a foreign national prior to the 1978 Constitution, and adult children of individuals who obtained nationality of origin through this avenue or under the 2007 Historical Memory Law. The application window closed on October 22, 2025.

The Directorate-General for Legal Security and Public Faith published the Instruction of October 25, 2022, to implement the law. Its seventh guideline provides that "the status of exile shall be presumed with respect to all Spaniards who departed Spain between July 18, 1936, and December 31, 1955." Under this presumption, proving the ancestor's departure date was sufficient for numerous applicants.

The judicial order specifically segregates applications resolved under this presumption from those supported by documentary evidence of exile. The substantive debate centers on whether the Instruction exceeded the statutory text, an issue reserved for the final judgment on the merits. The merits of the case remain undecided.

3. Developments on September 30 and Pending Proceedings

• Senate. It rejected by 141 votes to 104, with 7 abstentions, a PSOE motion endorsing the 2022 Instruction, and passed a PP motion urging the Government to review it. These motions reflect political stances and carry no legal effect.  
• Congress of Deputies. The Board of the Education Committee admitted for consideration an amendment proposed by Sumar to codify the presumption of exile for individuals who left Spain between 1936 and 1955 directly into the Democratic Memory Law. The amendment was introduced within an organic bill addressing student-to-teacher ratios and teaching hours, and parliamentary counsel advised against its admission due to a lack of connection with the bill's subject matter. The PP announced it will petition the Bureau of the Congress to reconsider its admission. To become law, it requires an absolute majority in Congress and review by the Senate, where the PP holds an absolute majority.
• Supreme Court. The State Legal Service (Abogacía del Estado) filed an application for reconsideration (recurso de reposición) against the order, to which Iustitia Europa filed its opposition on September 24. The motion remains pending.
• Final Judgment on the Merits. No date has been scheduled. The Government has requested that it be delivered prior to the 2027 general elections.

4. What Changes and What Remains Unaffected

Nationality is not affected. The court order does not revoke any grant of nationality, does not impact passports, and does not alter the remaining rights of a Spanish citizen. No court has ordered the review of nationality titles. While certain voices advocate for future reviews, no ruling currently orders such measures.

Voting rights in CERA are modified, which pertains to the electoral register of Spaniards residing abroad, and solely for those who obtained nationality via the exile route, unless they possess the consular certification described above. The order does not concern children of Spanish women who lost nationality through marriage, nor adult children of those who had previously acquired it. Pending citizenship registration files continue to be processed.

5. Why This Matters in Mexico

According to figures presented by the Minister of Foreign Affairs, José Manuel Albares, at the Consulate General in Mexico on April 29, 2026, that consulate ranks as the fifth-largest recipient of applications across the global consular network, with nearly 100,000 files. Globally, as of March 31, 2026, more than 1.2 million applications had been received, 545,000 approved, and 306,500 registrations entered in the Consular Civil Registry.

A specific historical factor favors numerous Mexican applicants: Mexico hosted the Republican exile through structured channels starting in 1939, meaning many of these families may possess documentation proving exile rather than solely the date of departure. For them, the exception recognized in the judicial order provides a viable avenue to retain their voting rights.

6. Recommendations

1. No action is required to maintain nationality. Passports and all other rights as a Spanish citizen remain fully effective.
2. Review how exile was substantiated in the application file. The Instruction recognizes as proof, among others, records of pensions granted to exiles, documentation from international refugee agencies, and certifications issued by political parties, trade unions, or official institutions. If the file was decided with documents of this nature, the exception is likely to apply.
3. Confirm certification status with the relevant consulate (Mexico City, Guadalajara, or Monterrey). The court order mandates the JEC to request the information directly from Consular Registries, but no guidance has been published regarding whether or how interested parties may petition for certification directly.
4. Gather and retain documentation of exile if the file was resolved under the presumption. The criteria for potential subsequent accreditation remain undefined, but organizing documentation in advance will allow for prompt action once guidelines are issued or the final ruling is handed down.
5. For corporate clients, the status of personnel holding Spanish nationality through this avenue remains unchanged. Their global mobility, residency status, and employment eligibility in Spain or the European Union do not depend on registration in CERA.
6. Monitor three procedural milestones: the motion for reconsideration filed by the State Legal Service, the Supreme Court's final judgment on the merits, and the legislative progression of the amendment in Congress. Any of these developments may alter the current landscape.

ECIJA Mexico will continue to monitor these developments closely and report any material changes. We remain at your disposal to examine specific matters.

Sources

General Council of the Judiciary, press note of September 8, 2026, regarding the Supreme Court order. https://www.poderjudicial.es/cgpj/es/Poder-Judicial/Noticias-Judiciales/El-Tribunal-Supremo-estima-la-medida-cautelar-en-relacion-con-el-acuerdo-de-la-Junta-Electoral-Central-sobre-inscripciones-en-el-Censo-Electoral-de-Residentes-Ausentes

Law 20/2022, of October 19, on Democratic Memory (BOE). https://www.boe.es/buscar/act.php?id=BOE-A-2022-17099

Instruction of October 25, 2022, of the DGSJFP (BOE). https://www.boe.es/buscar/act.php?id=BOE-A-2022-17470

Supreme Court, operative part of the interim measures order, appeal 1013/2026. https://www.poderjudicial.es/stfls/TRIBUNAL%20SUPREMO/DOCUMENTOS%20DE%20INTER%C3%89S/2026-09-08%20PIEZA%20MEDIDAS%20CAUTELARES%201013-2026.pdf

El Español, September 8, 2026. https://www.elespanol.com/espana/tribunales/20260908/ts-suspende-inscripcion-censo-electoral-nacionalizados-ley-nietos-salvo-acrediten-exilio/1003744376058_0.html

Confilegal, September 8, 2026. https://confilegal.com/20260908-supremo-suspende-cera-nacionalizados-ley-nietos/

Estrella Digital, September 15, 2026 (JEC agreement). https://www.estrelladigital.es/articulo/tribunales/que-pasa-ahora-voto-ley-nietos-decision-junta-electoral/20260915103255451086.html

Press Digital, September 16, 2026 (Foreign Ministry instruction to consulates). https://www.pressdigital.es/articulo/politica/2026-09-16/6017813-exteriores-ordena-consulados-certificar-nacionalizaciones-ley-nietos-mantienen-derecho-voto

Crónicas de la Emigración, September 23, 2026 (State Legal Service appeal). https://www.cronicasdelaemigracion.com/articulo/cronicas/abogacia-estado-recurre-decision-supremo-suspender-derechos-nacionalizados-ley-nietos/20260923145950132993.html

Infobae, September 30, 2026 (Senate). https://www.infobae.com/espana/agencias/2026/09/30/el-senado-rechaza-mostrar-un-respaldo-a-la-instruccion-de-2022-sobre-la-ley-de-nietos/

El Español, October 1, 2026 (amendment in Congress). https://www.elespanol.com/espana/politica/20261001/psoe-sumar-cerca-blindar-trampa-sofia-puente-ley-nietos-enmienda-intrusa-norma-educativa/1003744404062_0.html

La Moncloa, press release of April 29, 2026 (Foreign Ministry, consular network in Mexico). https://www.lamoncloa.gob.es/serviciosdeprensa/notasprensa/exteriores/Paginas/2026/290426-albares-mexico-red-consular.aspx