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The Government hands over to the Supreme Court the names of 163,355 naturalized under the grandchildren law with the suspended vote

The Executive sends the nominal list within the deadline imposed by the high court and requests that it be kept confidential in order to prevent improper use of personal data. Only those who prove they are descendants of exiles will be able to recover their right to vote

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By Demócrata

Published

28 OCT, 2026 - 16:48

Last updated

28 OCT, 2026 - 17:37

3 minutes

The Government delivered this Wednesday to the Supreme Court the identity of 163,355 people who obtained Spanish nationality through the so-called grandsons law and whose right to vote remains provisionally suspended ahead of the general elections next November 29. The documentation was sent after the high court demanded that the Executive individually identify those affected and warned of possible sanctions if it did not comply with the requirement before 3:00 p.m. on October 28.

The final list includes 335 more people than the 163,020 initially reported by the State Attorney’s Office, a difference that, according to government sources cited by El País, is due to the review of the naturalization files carried out in recent days by the Spanish consulates.

The suspension affects citizens registered in the Register of Overseas Residents (CERA) who acquired nationality under the Democratic Memory Law and its administrative implementation. However, the judicial ruling contemplates an exception for those who prove through a consular certificate that they are children or grandchildren of Spaniards exiled for political, ideological, or sexual orientation reasons.

The Supreme Court had given the Government five days to identify those affected

The delivery of the list responds to the requirement issued last Friday by the Administrative Litigation Chamber of the Supreme Court, which granted five days to the ministers Félix Bolaños and José Manuel Albares to provide the nominal list both to the court and to the Central Electoral Board and the Electoral Census Office.

The judges had warned of the possibility of imposing fines and demanding criminal liability in the event of noncompliance, considering it essential to have the identities of those affected in order to apply the precautionary measures before the general elections.

The Ministry of Foreign Affairs has coordinated the review of the files processed in the different consular offices and, according to the cited government sources, has authorized the hiring of the technical assistance requested to complete the work within the judicial deadline.

The Executive maintains that it had already provided part of the information before the latest request. Specifically, the Ministry of the Presidency, Justice and Relations with the Courts sent on October 15 to the Electoral Census Office a list of 76,600 people identified in the digital Civil Registry, known as Dicireg, which constituted the information available in that department.

According to the Government’s version, the Census Office forwarded those data to the Supreme Court on October 21. However, in two orders notified on the 23rd, the court reproached the Administration for not having provided the complete nominal list of the affected voters, despite having their identities by having processed the corresponding naturalization files.

Only 91 certificates issued among more than 31,000 files reviewed

The documentation previously examined by the Supreme Court showed that, as of October 21, the consulates had reviewed 31,390 files of naturalized persons under the grandchildren law, of which only 91 had resulted in the issuance of certificates certifying the status of descendant of exiles.

These certificates are decisive for those affected, since they make it possible to prove that they meet the exception contemplated by the court and, therefore, retain the right to participate in the general elections on November 29.

The Supreme Court has questioned the delay in identifying the voters, considering that the lack of information could jeopardize the application of the judicial resolutions in the middle of the electoral process.

The figure of 91 certificates corresponds to the review communicated up to October 21 and does not constitute a definitive balance of the citizens who will be able to prove their status as descendants of exile.

The Government asks to protect the list against a possible improper use of the data

Along with the delivery of the nominal list, the State Attorney’s Office has asked the Supreme Court to declare the list confidential, as it contains personal information of the 163,355 affected citizens.

The Executive argues that this protection is necessary to prevent the data from being used for purposes other than those provided for in the judicial proceeding.

In particular, the request refers to Vox e Iustitia Europa, the two formations that promoted the appeal before the Supreme Court and that are participating in the proceedings. The State Attorney's Office seeks to prevent them from making a "malicious or illegitimate" use of the information, according to El País.

The request for confidentiality must be examined by the court and does not by itself alter the precautionary measures that affect the voting rights of naturalized citizens.

More key points, information and questions with FREN

AI-GENERATED CONTENT

What parliamentary phase is the Democratic Memory Law in and what procedures remain for its full development?

The Law 20/2022, of October 19, on Democratic Memory, has already completed its parliamentary process: it was published on October 20, 2022, and came into force the following day. As of October 28, 2026, it is necessary to distinguish its application and regulatory development from subsequent reforms: the amendment project on compensations expired on October 6, 2026, but the decree-law from which it originated remains in force.

Parliamentary situation: law approved and reform expired

The state regulation is not pending approval in the Congress or the Senate. Its ninth final provision states: "This law shall enter into force the day after its publication in the 'Official State Gazette'." Therefore, no vote remains for the 2022 law to take effect (text of the law).

Subsequently, the Royal Decree-Law 6/2026, of March 3, incorporated compensations for people deceased or with disabling injuries for defending democracy. It came into force on March 5 and was ratified on March 26, meaning the Congress agreed to keep it in force. It also decided to process it as a bill to allow modifications.

That project, identified as 121/000090, was registered on March 26, 2026. It was published on April 13, received total amendments, and accumulated extensions of the deadline for amendments to the articles until September 30. However, it expired with the dissolution of the Chambers on October 6: it is no longer in the amendment phase nor can it continue its course in this legislature (dissolution of the Cortes).

The consequence is significant: the project that allowed introducing changes expired, not the ratified decree-law. To resume those modifications, a new legislative initiative will be necessary.

Development already approved

Participation and memorial entities: Royal Decree 265/2025, of April 8, regulates the Democratic Memory Council and the State Registry of Entities. The Council was constituted on December 22, 2025 (constitution of the Council).
Francoist symbols: Royal Decree 1040/2025, of November 19, regulates the preparation of the catalog and creates its technical commission. Approving the procedure does not mean all affected elements have been removed (catalog regulation).
Genetic identification: Royal Decree 807/2026, of October 7, regulates the State DNA Bank of Victims of the War and the Dictatorship, as development of article 23.

What remains to complete its application

There is no single procedure that closes all development. The fifth final provision empowers the Government to issue "all necessary provisions for the development and application" of the law. Three levels must be distinguished:

Regulatory development: complete the corresponding regulatory references, including those related to the victims' registry, management and participation instruments, and reparation procedures. The law also foresees actions on Cuelgamuros and restitution of assets; its legal provision alone does not prove they are completed.
Legislative reforms: the sixth final provision orders presenting a reform of Official Secrets to guarantee access to archives. This is a mandate different from approving regulations, not a pending phase of approval of the original law.
Effective execution: processing exhumations, identifications, recognitions, compensations, and removal of symbols; updating censuses and catalogs; and ensuring financing and administrative coordination.

In short, the law is in force; its application continues and the 2026 parliamentary reform expired. Incomplete development should not be confused with lack of parliamentary approval.

What are Minister Félix Bolaños's competencies regarding the processing of nationality files?

Félix Bolaños, as Minister of the Presidency, Justice and Relations with the Cortes, exercises the political and superior direction of the department responsible for nationality files. This does not mean he personally processes each application: administrative management corresponds to specialized bodies. His intervention varies depending on whether it is nationality by residence, letter of naturalization, or other routes linked to the Civil Registry.

1. Direction and supervision of the Ministry

The organizational framework is the Royal Decree 204/2024, of February 27. Within that structure, the minister directs the department, sets its priorities, and supervises its superior and managerial bodies. Regarding nationality, his responsibilities include:

Directing the department's policy and establishing general guidelines for administrative action.
Supervising the competent bodies, through the Secretariat of State for Justice and its dependent structure.
Promoting regulatory initiatives on nationality and exercising the powers granted by laws and regulations.
Submitting proposals to the Government when the decision corresponds to the Council of Ministers, especially in letters of naturalization.

Therefore, it is necessary to distinguish his responsibility for the service's functioning from the material processing of the procedures of a specific file.

2. Which bodies process the files

Article 7 of the mentioned royal decree assigns specialized functions to the Directorate General of Legal Security and Public Faith. Among them are the preparation of regulatory projects on nationality by residence and by letter of naturalization, knowledge and reporting of projects affecting these matters, and the processing and, where appropriate, resolution of the files.

This Directorate General acts under the direction of the Secretariat General for Innovation and Quality of the Public Justice Service, within the Secretariat of State for Justice. Dependent on it is the Subdirectorate General of Nationality and Civil Status, a specialized unit in the corresponding material actions. The distribution can be consulted in the consolidated text of the structure.

3. Nationality by residence

In this route, the administrative activity consists of verifying the legal requirements: residence during the applicable period, good civic conduct, and integration, among others. The file may include documentary checks, reports, and requests to the applicant.

The Directorate General constitutes the specialized processing body and also acts in the resolution when it corresponds. This distribution should not be confused with an obligation of the minister's personal signature on each application. Nor does his hierarchical position turn this ordinary route into an exceptional political concession. The Ministry explains its characteristics in the information about modes of acquisition.

4. Nationality by letter of naturalization

Here Bolaños's intervention is more direct: the Ministry prepares the file and the minister makes the proposal for granting to the Government. The final decision corresponds to the Council of Ministers by royal decree, due to exceptional circumstances; not the minister acting alone.

An example is the Royal Decree 442/2025, of June 3, which grants nationality to Humberto Antonio Belli Pereira. Its text expressly includes the minister's proposal and the prior deliberation of the Council of Ministers.

5. Practical scope

In other routes, such as certain cases of option or origin, the competent bodies of the Civil Registry intervene. In summary, Bolaños directs and supervises; specialized bodies process; and the Government decides on letters of naturalization. Identifying the acquisition route is essential to determine which body must carry out each action.

What legal requirements must descendants of exiles meet to obtain the certificate that allows them to retain the right to vote?

To obtain the certificate of registration in the electoral census of absent residents, descendants of exiles must have recognized Spanish nationality and be registered in the corresponding census. However, it is important to distinguish this certificate from documents that prove family exile: these serve to process nationality, while the electoral certificate proves the registration necessary to vote from abroad.

1. Nationality and electoral certificate are different procedures

Article 75 of the Electoral Law establishes that the Electoral Census Office will automatically send the documentation to each person of Spanish nationality registered in the census of absent resident voters, known as CERA. Among that documentation are two identical registration certificates.

Therefore, this certificate does not grant nationality nor constitutes, by itself, a mechanism to retain it. It is also not enough to prove that an ancestor was exiled: the corresponding Spanish nationality and electoral registration must exist. Consulates process registrations, deregistrations, and changes of address of Spaniards residing in their jurisdiction.

2. What kinship must be proven to access nationality

If the question refers to the recognition of nationality by the Democratic Memory Law, its eighth additional provision and the October 2022 Instruction contemplate those born outside Spain of a father, mother, grandfather, or grandmother originally Spanish. The instruction distinguishes this route from that specifically based on loss or renunciation of nationality as a consequence of exile.

The documentation to prove the family relationship includes:

The literal birth certificate of the father, mother, grandfather, or grandmother originally Spanish.
If applying as a grandchild, also the literal birth certificate of the parent connecting the applicant with that grandfather or grandmother.
When there is no registration of the ancestor's birth, a baptism certificate may be provided along with a negative certification from the Civil Registry, or late registration may be promoted.

3. How to prove the condition of exile

When it is necessary to prove exile, the instruction accepts the following evidence:

Spanish pensions for exiles: documentation proving having been a beneficiary directly proves exile.
Documentation from refugee organizations: from the United Nations International Refugee Office or from the offices of host states.
Certificates or reports from recognized entities: parties, unions, or other institutions linked to exile, its protection, or the recovery of victims' memory.

The last two categories must be accompanied by documentation proving arrival or residence in the host country: passport with entry stamp, consular registration, consular civil certifications, acquisition of foreign nationality, or contemporary documents indicating the year of arrival.

Exile is presumed for those who left Spain between July 18, 1936, and December 31, 1955, although departure must be proven. For departures between January 1, 1956, and December 28, 1978, the condition of exile must be proven. Foreign certifications require legalization or apostille, except applicable exceptions, and official translation when appropriate.

4. What effectively allows voting

The 2022 electoral reform provides for the automatic sending of certificates. To vote at a consular polling station, one is delivered and identity is proven through accepted documents. Consequently, proving exile, acquiring nationality, and proving electoral registration are distinct actions; they should not be confused with a single certificate for retaining the vote.

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