The Supreme Court has rejected the appeal filed by the Government to lift the precautionary suspension of the well-known 'grandchildren's law' and has confirmed that those naturalized by that route will not be able to vote in the general elections on November 29.
The decision was adopted this Monday by the Contentious-Administrative Chamber, in two orders that dismiss the allegations of the State Attorney's Office against the precautionary measure agreed by the high court last September 10.
In its resolution, the magistrates point out that the National Institute of Statistics (INE), on which the Electoral Census Office organically depends, cannot register in the Electoral Census of Absent Residents abroad (CERA) people who have obtained Spanish nationality of origin by exercising the right of option provided for in Additional Provision 8.ª.1, first paragraph, of Law 20/2022, of October 19, on Democratic Memory, and who have not yet been registered in the census by application of the agreed suspension.
“What was agreed in the aforementioned Order must be adhered to, with an indication to the National Institute of Statistics, on which the Electoral Census Office organically depends, that it cannot register in the Electoral Census of Absent Residents abroad (CERA) people who have obtained Spanish nationality of origin by exercising the right of option provided for in Additional Provision 8.ª.1 First paragraph of Law 20/2022, of October 19, on Democratic Memory and have not yet been registered in the Electoral Census by application of the suspension agreed in the aforementioned order”
The suspension of electoral effects is maintained
The magistrates add, furthermore, that, in relation to people who had already been registered in the CERA after obtaining Spanish nationality of origin by exercising that right of option, the suspension of their electoral effects is maintained in the process convened by Royal Decree 806/2026, of October 5, on elections to the Cortes Generales.
“Likewise, with respect to people who, having obtained Spanish nationality of origin by exercising the right of option provided for in Additional Provision 8.ª.1 First paragraph of Law 20/2022, of October 19, on Democratic Memory, have already been registered in the Electoral Census of Absent Residents abroad, the suspension of their electoral effects in the electoral process convened by Royal Decree 806/2026, of October 5, on elections to the Cortes Generales is maintained”
