Survey on grandchildren law: 67% would limit the vote of Spaniards abroad and 63% believe it can alter general elections, according to Sociométrica

The so-called “grandchildren's law” is not currently a parliamentary initiative in process, but rather a regime already fully approved and in force, contained in the eighth additional provision of the Law 20/2022, on Democratic Memory. Therefore, from the perspective of the General Courts, the legislative phase is concluded. Its application is articulated through the Instruction of the Directorate General of Legal Security and Public Faith, published in the BOE, and the actions of civil registries and consulates. The only pending matter for citizens is the exercise of the right of option within the enabled period, which has already been extended by one year by Agreement of the Council of Ministers.

1. What the “grandchildren's law” is legally

Under that name is known the special regime of option for nationality for descendants of Spaniards provided in the eighth additional provision of Law 20/2022, on Democratic Memory. The full text of the law can be consulted in the BOE: Law 20/2022, of October 19, on Democratic Memory.

To develop this provision, the Directorate General of Legal Security and Public Faith approved the Instruction of October 25, 2022, which specifies who can opt, what documentation must be provided, and how the file is processed before the Civil Registry (including consular registries). Subsequently, a correction of errors was published that adjusts some models and expressions of the Instruction.

2. Parliamentary processing phase: current situation

From the parliamentary point of view, the “grandchildren's law”:

– Is part of a law already approved and sanctioned by the King, published in the BOE and in force (Law 20/2022).
– There is no, according to the information consulted, any bill or legislative proposal in progress in the General Courts that specifically modifies that option regime for nationality of the eighth additional provision.
– The unconstitutionality appeal promoted by PP deputies against Law 20/2022 was processed in the Senate with identification (14)752/000128 and is listed as “Concluded (publication of the approved text)”, with details accessible in the Senate file: appeal 349/2023.

There are other political initiatives referring to Law 20/2022 (for example, the certification of the Sabadell City Council requesting “to continue with the application of Law 20/2022”, processed in the Senate under code (15)810/000834 and already concluded: Sabadell City Council initiative). But none of them alters the regime of the eighth additional provision.

3. Executive measures: extension of deadlines and development

The practical application of the “grandchildren's law” depends, above all, on decisions of the Government and the Justice administration, not on new laws:

1) Technical instruction on the right of option The Instruction of October 25, 2022 clarifies that those who can opt are:

– Those born outside Spain of a father/mother, grandfather/grandmother originally Spanish who lost or renounced nationality due to political, ideological, belief, or sexual orientation and identity exile.
– Children born abroad of Spanish women who lost nationality by marrying foreigners before 1978.
– Adult children of those who obtained nationality by origin through Law 20/2022 itself or through the seventh additional provision of Law 52/2007.

This Instruction sets a general deadline of two years from the entry into force of the eighth additional provision, with the possibility of extending one more year by Agreement of the Council of Ministers, an option that has already been exercised: the Government approved an Agreement to extend that deadline by one year (process identified in the database as “AGREEMENT extending by one year the deadline to exercise the right to opt for Spanish nationality…”, dated July 9, 2024).

2) Other reforms of Law 20/2022 In March 2026 the Government approved Royal Decree-law 6/2026, of March 3, which modifies Law 20/2022 regarding recognition and compensation for people deceased or with disabling injuries in defense of democracy; it is published in the BOE: Royal Decree-law 6/2026, and its approval in the Council of Ministers is referenced officially: Moncloa note. Although this decree-law is processed as Bill 121/000090 in the Congress, its content focuses on compensations and taxation, not on the nationality option for grandchildren, so it does not alter the core of the “grandchildren's law”.

4. What steps remain for its “full application”

From the state regulatory point of view, no parliamentary procedure remains pending for the “grandchildren's law” to be applicable: it is already in force and regulated by the 2022 Instruction and its correction of errors (BOE‑A‑2023‑3842).

What remains are basically administrative and management steps:

– That interested parties submit their declaration of option and documentation at the competent Civil Registry or consulate, within the extended deadline.
– That registry offices resolve and carry out birth and nationality registrations.
– That, if applicable, the Government may agree on new deadline extensions or technical adjustments through new instructions or agreements, without the need for a new law unless the substantive regime is intended to be changed.

In summary: the “grandchildren's law” has already passed all its legislative processing; full application now depends on the processing of each individual file within the current deadline and the possible political decision to continue extending or not that deadline in the Council of Ministers.

Óscar López Águeda is currently the Minister for Digital Transformation and Public Administration of the Government of Spain, a position he has held since September 6, 2024, after receiving the portfolio from José Luis Escrivá, according to the official Moncloa note (biography and portfolio handover). As such, he directs government policy regarding digitalization, public administration, artificial intelligence, and administrative modernization, within the framework of the Ministry for Digital Transformation and Public Administration. His previous trajectory includes seats in the Congress and Senate, the general secretariat of the PSOE in Castilla y León, the federal Organization Secretariat of the PSOE, the presidency of Paradores, and the direction of the Cabinet of the Presidency of the Government. Below is detailed, on one hand, the political competence scope of his ministry and, on the other, his political path until reaching the position.

Political competencies and scope of action as minister

According to official information and the analysis by Demócrata, the Ministry for Digital Transformation and Public Administration is a “novel” portfolio, resulting from the reorganization of the economic area after Nadia Calviño's departure, and aggregates everything related to digitalization and public administration (Demócrata profile). This places under his political responsibility:

• The modernization of the functioning of the General State Administration and its relationship with companies and citizens, with objectives such as setting a maximum period of 30 days to access main social benefits and a new model of in-person attention without mandatory prior appointment.
• The digitalization policy of the public sector and coordination with autonomous communities in digital competencies, in line with initiatives described by the ministry itself (ministry organizational chart) and in notes such as those related to digital training programs and sectoral conferences (digital skills training).

• The promotion of a Country Agreement on Artificial Intelligence and the transposition into Spanish law of the new European regulations in this area, as well as leading the Spanish position before organizations such as the OECD on digital and emerging technologies (intervention before the OECD).
• The agenda on cybersecurity and protection of minors in digital environments, inherited from Escrivá, which includes commitments to process a Cybersecurity Law and a draft bill on protection of minors in digital environments, as well as the possible reform of the Common Administrative Procedure Law and the creation of a public policy evaluation agency, according to Demócrata's analysis of Escrivá's “legacy” in this ministry.

Additionally, as minister, López participates in the Council of Ministers and in parliamentary control debates, as continuously reflected in the official agendas of La Moncloa (05/20/2026, 05/27/2026, 06/10/2026, 06/23/2026). In various public interventions, he has emphasized the role of the Administration to “legitimize new technologies” (ministry press release, Moncloa echo) and the weight of digital transformation in economic growth (Digital Economy report).

Political trajectory until his appointment as minister

Born in Madrid in 1973, Óscar López holds a degree in Political Science with a double specialization in Public Administration and International Relations from the Complutense University of Madrid, and completed a postgraduate degree in International Economics at the University of Newcastle Upon Tyne, United Kingdom (official curriculum, ministry CV, official profile). According to Demócrata, he is considered one of Pedro Sánchez's most trusted men, with a long career in the PSOE's organic structure (Demócrata).

Institutionally, he was a deputy in the Congress for the PSOE between 2004 and 2011, where he served as spokesperson for the RTVE Control Commission and was rapporteur of laws such as the RTVE corporation law, the transition to DTT, or the General Audiovisual Communication Law (Moncloa). Later, he moved to regional politics in Castilla y León: he was general secretary of the PSOE of Castilla y León from 2008, candidate for the presidency of the Junta in 2010, and spokesperson of the socialist group in the regional parliament until 2015.

Internally in the party, he held the Organization Secretariat of the PSOE between 2012 and 2014, one of the most relevant organic responsibilities within the socialist structure. In 2015 he moved to the Senate, appointed by the Cortes of Castilla y León; he remained a senator until 2018 and was spokesperson of the socialist group and of the Foreign Affairs Commission in the Upper Chamber (Demócrata).

With Pedro Sánchez's arrival to government, López was appointed president and CEO of Paradores de Turismo between 2018 and 2021, and in July 2021 became director of the Cabinet of the Presidency of the Government, a role he held until his jump to the Council of Ministers in 2024 (Moncloa, Demócrata). The newspaper Demócrata highlights that, although in the 2017 socialist primaries he supported Patxi López, he ended up fully integrating into Sánchez's trusted core.

Alongside his institutional activity, he has maintained a public profile as a political analyst and panelist in various media (TVE, Telecinco, La Sexta, Antena 3, Cuatro, RNE, Cadena SER, Punto Radio) and is author of the book “From 15M to the Procés”, as well as having promoted the web design company Ideorama (official curriculum).

Other references and official agendas

Óscar López's activity as minister is also reflected in the La Moncloa agenda, with media interviews and participation in events such as “La hora de La 1” (05/04/2026), “Mañaneros” (06/19/2026), “Las Mañanas” of RNE (06/22/2026), the EU Telecommunications Council in Luxembourg (06/09/2026), or meetings with European and technological partners such as the Open Government Partnership (meeting with OGP), Nadia Calviño (meeting with Calviño, PDF note) and other international actors.

For additional biographical overview and his public presence, his profile on Moncloa (XV Legislature biography), the transparency portal (CV in transparency), his Wikipedia page (biographical entry), and his social media profiles (X, Instagram, Facebook) can also be consulted.

For Spanish citizens residing abroad to vote in general elections (Congress and Senate), they must first meet the general voter requirements (Spanish nationality, being over 18 years old, and not being deprived of suffrage) and second, be registered in the specific census of absent residents (CERA) managed by the Electoral Census Office. Since the 2022 reform, the requested vote system has been eliminated: it is no longer necessary to request the vote, the documentation is sent automatically to the address abroad. Voting can be exercised by mail addressed to Spain through the consulate or by depositing it in ballot boxes at centers enabled by the consular office. This entire regime is mainly articulated through the Organic Law of the General Electoral Regime and its specific reform for external voting.

Basic regulatory framework

The general regime is in the Organic Law 5/1985, of June 19, on the General Electoral Regime (LOREG), which regulates the electoral census, the Census of Spaniards Residing Abroad, and the voting procedure from abroad (Organic Law 5/1985). This law has been amended multiple times (for example, by Organic Law 9/2007, Organic Law 8/1999, or Organic Law 3/1995), and has an initial correction of errors (LOREG correction of errors) and a partial repeal by the 1995 Penal Code (Organic Law 10/1995), which does not affect the core of external voting.

The key specific norm is Organic Law 12/2022, of September 30, which reforms article 75 of LOREG on the vote of those living abroad and abolishes the requested vote, regulating the automatic sending of documentation and the deposit of votes in ballot boxes and by mail (Organic Law 12/2022).

Additionally, LOREG is complemented by regulations and application criteria, such as Instruction 9/2019 of the Central Electoral Board, issued at the time for the 2019 elections (Instruction 9/2019 JEC) and the 2015 Resolution of the Electoral Census Office on the requested vote of absent residents, which developed the old requested vote system (Resolution March 9, 2015). These are mainly relevant historically, as the current system is based on the 2022 reform.

Registration in the census of residents abroad (CERA)

LOREG establishes that the electoral census is composed of two parts: the census of voters residing in Spain and the census of absent voters living abroad. No voter can be registered in both simultaneously. Registration in the census is mandatory and corresponds to the Electoral Census Office, which acts under the direction of the Central Electoral Board.

Consulates and Consular Sections are collaborators of the Electoral Census Office. According to LOREG, Consular Offices process ex officio the registration in the census of Spaniards residing in their jurisdiction, in the manner provided by regulation. To update the census of absent residents, Consulates must process registrations and deregistrations of Spaniards living in their jurisdiction and their changes of address, following the instructions of the Electoral Census Office. With the data received, Provincial Delegations maintain the census updated and allow its consultation and claims by interested parties through town halls, consulates, or directly before the Office itself.

Documentation and voting modalities from abroad

After the 2022 reform, article 75 of LOREG provides that, in elections for Deputies and Senators, the Provincial Delegations of the Electoral Census Office send ex officio, to the registration address of each Spanish person included in the census of absent residents, the necessary documentation: voting envelopes with security systems; two certificates of being registered in the census of absent residents; envelopes addressed to the competent Electoral Board and the corresponding Consular Office; an information sheet with instructions and the official website address where the definitive candidacies and downloadable ballots are listed; and the list of centers enabled for depositing votes in ballot boxes.

The law provides that the documentation is sent by certified mail between days 18 and 25 after the call, and that official ballots are sent between days 29 and 33 (or up to 39 in case of candidacy challenges). Additionally, homologated downloadable ballots are enabled to facilitate access to candidacies once appeals are resolved.

Exercise of the vote: practical requirements

The voter residing abroad can choose between two main ways:

First, voting by mail: the voter places the ballot in the voting envelope, then places it in the envelope addressed to the competent Electoral Board, including the certificate of registration in the census of absent residents and a photocopy of the Spanish passport or DNI (or certification of registration in the Consular Registration, according to the 2022 reform), and sends it through the Consular Office or the enabled post office boxes. The procedure is free for the voter and, where post office boxes cannot be opened, the cost of sending is reimbursed.

Second, depositing the vote in ballot boxes at enabled consular centers, during an extended period of three to seven days thanks to the 2022 reform. The voter identifies himself before the consular official with his Spanish documentation or consular certification, shows and delivers one of the census certificates received, and deposits in the ballot box the envelope addressed to the Electoral Board, which is sealed and signed by the official. Votes are sent to Spain and incorporated into the general count, whose deadline has been extended from three to five days to allow reception of votes cast from abroad.

Abolition of the requested vote

The Organic Law 12/2022 explains in its preamble that the reform seeks to reverse the sharp decline in external participation caused by the requested vote system introduced in 2011: less than 10% of registered voters requested the vote and, of them, between one-third and half finally did not vote due to deadline and postal problems. To correct this, the law abolishes the obligation to request the vote, extends sending and deposit deadlines, strengthens voter identification, and gives a longer temporal margin to the count, aiming to effectively facilitate the exercise of suffrage rights for Spanish citizens residing abroad.