The Supreme Court of Spain rejected on Monday, October 12, the appeal from the State Attorney's Office and upheld the precautionary suspension of voting rights for certain Spanish nationals who were naturalized under the so-called Grandchildren's Law in the general elections scheduled for November 29. The Administrative Litigation Chamber also did not heed the request from the Prosecutor's Office to allow their participation, according to reports from El País and Cadena SER.
The Bar Association had requested to lift the measure, considering it materially impossible to review the consular files before the elections, which were moved up to November 29. The Public Prosecutor's Office had also demanded that voting be allowed and that those affected be able to defend their interests in the process. Both entities warned of the risk of depriving Spanish citizens of exercising a fundamental right.
According to the latest data provided by the Government to the court, collected by El País, the suspension potentially affects 163,020 voters from the census that will be used on November 29, which was closed on August 1. This figure does not represent the total number of people who have acquired nationality under the Law of Democratic Memory, nor does it allow for determining how many of those affected are of Cuban origin.
Which nationals are affected?
The litigation focuses on the electoral effects of certain registrations in the Electoral Census of Absent Residents (CERA), related to the presumption of exile included in the instruction from the Ministry of Justice dated October 25, 2022. This text presumes the status of exiled for Spaniards who left Spain between July 18, 1936, and December 31, 1955.
The rulings issued by the Supreme Court in September, following the appeals from Iustitia Europa and Vox, established an exception for individuals who can prove their status as descendants of exiles at consular offices without relying on that presumption. The Central Electoral Board conveyed the mandate to the Electoral Census Office and to consular registries through its agreement on September 14.
The decision does not revoke the Spanish nationality of those affected nor does it suspend the Law of Democratic Memory. It maintains precautionary restrictions on the electoral effects of certain registrations while the main litigation is resolved.
How to consult the electoral roll from Cuba and other countries
The situation is of interest to Cubans who acquired Spanish citizenship through this route and are registered in the CERA, but there is no official breakdown that allows for a precise count of how many are affected.
The National Statistical Institute reports that the census for the general elections on November 29 can be accessed from October 12 to October 19, inclusive. Spaniards residing abroad can verify their information at consular offices or online, through the INE's electronic headquarters and the Cl@ve system. During this same period, they can also submit claims regarding their census data.
The possibility of claiming census errors does not, on its own, lift the judicial suspension. Those who have obtained nationality under the Grandchildren's Law can check their electoral status and, if applicable, request information from the consulate regarding the documentation that certifies their registration and the applicable requirements.
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