Cubans who obtained Spanish nationality through the Law of Grandchildren, affected by the precautionary suspension of voting, now have an opportunity to engage in the judicial process that has restricted their electoral participation.
The Official State Bulletin (BOE) published on Thursday, October 15, a resolution that opens a period of five business days for interested parties to appear before the Spanish Supreme Court and present objections to the precautionary measures.
According to the official document published in the BOE, the appearance must be made with a lawyer and a representative, within the procedure that examines the electoral effects of certain nationalizations granted under the provisions of the Law of Democratic Memory.
The deadline starts on Friday, October 16, and, according to the standard calculation of business days, it would end on Thursday, October 22, 2026.
The publication corresponds to an administrative resolution from October 14 that reproduces the operative part of a ruling issued by the Supreme Court on the 12th. Therefore, it is not a new judicial decision made on Thursday.
Who can appear and how can they do so?
The resolution pertains to the interested parties affected by the precautionary measures related to Spanish nationality of origin obtained through the right of option provided for in the first paragraph of section 1 of the eighth supplementary provision of Law 20/2022, known as the Grandchildren's Law.
This means that the electoral suspension does not affect all Cubans who acquired Spanish nationality through that legislation indiscriminately.
The Supreme Court establishes that those wishing to intervene in the proceedings may do so as co-defendants, appointing a lawyer and a representative, and simultaneously submitting any allegations they deem appropriate regarding the precautionary measures.
It is important to distinguish this procedure from the processes carried out at Spanish consulates. The appearance must be made before the Supreme Court, not through a consular claim.
The resolution also does not state that submitting objections automatically restores the right to vote.
Since this pertains to a judicial deadline, interested parties should consult with a legal professional regarding the submission conditions and applicable procedural timeline.
The electoral suspension remains in effect
The ruling of the Supreme Court, the dispositive part of which was published in the BOE, upholds the protective measures affecting certain registrations in the Electoral Roll of Absent Residents (CERA).
Consequently, the Electoral Census Office cannot carry out new registrations for individuals affected by the relevant provision who were not yet listed in that registry due to the suspension.
For those who were already registered in the CERA, the suspension of their electoral effects remains in place in anticipation of the Spanish general elections on November 29, 2026.
However, the resolution includes an exception for those who can provide certification issued under the responsibility of the consular registry official, demonstrating that as of August 1, 2026, they met the required conditions of descent from original Spaniards who suffered exile for legally established reasons and lost or renounced their Spanish nationality.
That accreditation must be carried out without applying the presumption of exile outlined in the administrative instruction of October 25, 2022.
The consular certification represents a mechanism distinct from the possibility of appearing in court, which is now being communicated to those affected.
The consulates must publish the ruling of the Supreme Court
The Supreme Court also ordered the General Directorate of Spaniards Abroad and Consular Affairs to instruct the consular registries that processed the affected files to publish the operative part of the ruling on their bulletin boards.
The notification must inform about the possibility of participating in the proceedings with a lawyer and legal representative and submitting arguments.
The court also ordered its publication in the Single Judicial Notice Board.
These communications are relevant for Spanish citizens residing outside of Spain, including Cubans who are included in the questioned path to naturalization.
What changes compared to previous decisions?
On October 12th, the Supreme Court rejected the appeal filed by the State Attorney's Office and upheld the precautionary suspension of voting rights for certain naturalized Spanish citizens.
Previously, on October 8, another 48-hour deadline for submitting objections had expired, granted to the parties already involved in the litigation.
The period that now begins is different: it allows other affected interested parties to appear as co-defendants and present their arguments before the court.
The procedure originates from the contentious-administrative appeal 1013/2026, filed by the Iustitia Europa party against Agreement 204/2026 of the Central Electoral Board, dated July 16.
The BOE published on the same day a second resolution from the Supreme Court, pertaining to procedure 1015/2026, initiated by the Vox party against the same agreement from the Central Electoral Board. In this case, the court also upheld the precautionary measures regarding the votes of certain beneficiaries of the Grandchildren's Law.
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