The Supreme Court maintains for the general elections on November 29 the precautionary suspension of the electoral effects of certain registrations of Spaniards residing abroad who obtained nationality through the known as the grandchildren's law. En a ruling dated October 12, 2026, Section Four of the Administrative Litigation Chamber dismisses the appeal of the State Attorney's Office and confirms the measures agreed upon last September 10.
Democrat offers the complete document, 70 pages long, which includes the arguments of the majority, the exceptions to the suspension, and the dissenting vote.
See here the complete ruling of the Supreme Court on the grandchildren's law and the vote of 29N
What the Supreme Court decides about the grandchildren's law and the overseas vote
The measure affects those who acquired Spanish nationality by origin through the route provided in the first clause of section 1 of the eighth additional provision of the Democratic Memory Law and are included in the scope of the precautionary measures.
For that group, the court maintains two decisions: to prevent new registrations in the Electoral Census of Residents Absent Abroad -CERA- affected by the suspension and to leave the electoral effects of already made registrations suspended. The ruling expressly extends this second consequence to the elections of 29N.
The resolution acts on the census registration and its electoral effects. It does not withdraw Spanish nationality from those affected nor does it definitively resolve the substance of the litigation.
The exception: who can be excluded from the suspension
The ruling itself establishes that the suspension will not apply to those who obtain a certification from the Consular Registry officials that certifies compliance with the requirements demanded by the Chamber as of August 1, 2026.
This certification must certify that they are persons born outside of Spain, descendants of a father, mother, grandfather, or grandmother who were originally Spanish and who suffered exile for political, ideological, belief-related reasons, or related to sexual orientation or identity and who lost or renounced their Spanish nationality.
The Supreme Court requires that this certification be made without applying the presumption of exile included in guideline seven, section IV.3.5.d), of the instruction of October 25, 2022. Therefore, the ruling contemplates a specific exception and does not establish an indiscriminate exclusion of all Spaniards naturalized under the grandchildren's law.
Why the figures of 163,020 and 168,896 people appear
The resolution records 163,020 registered as of August 1, 2026, the date of the census applicable to 29N, and 168,896 as of August 31. These are references to different moments.
The number of people who would ultimately be left without voting also depends on the identification of the affected registrations and the application of the consular exception. The total number of registered individuals in that group cannot be automatically equated with a definitive figure of excluded voters.
The arguments for maintaining the measures
The majority of the Chamber considers that the risk that motivated the precautionary measures persists and prioritizes the guarantees of accuracy and regularity of the electoral census.
It also reproaches the Administration for not having accredited how many files it has reviewed nor the degree of compliance with the court's orders. The ruling describes that compliance as "non-existent or, at least, unknown" and rejects that the alleged material difficulties justify lifting the measure under those conditions.
The dissenting vote: an opportunity to vote that is not recovered
The dissenting vote argues that the appeal of the State Attorney's Office should have been upheld. In its view, the electoral call introduced a decisive circumstance: preventing participation in specific elections can cause irreversible harm.
The magistrate emphasizes that those affected retain their nationality and that, if the main claim is ultimately dismissed, a subsequent favorable resolution will not return the opportunity to vote on November 29. Therefore, it argues that the effective protection of the right to vote should prevail.
Five business days to appear from the publication in the BOE
The Supreme Court orders the ruling to be published in the Single Judicial Edict Board and its dispositive part in the BOE and in the corresponding consular boards.
Those interested will have five business days, counted from the day after the publication in the BOE, to appear with a lawyer and attorney and submit allegations. The deadline does not automatically begin with the date of the ruling.
Until that period ends, the Chamber suspends the main piece of the judicial procedure. This ruling does not agree to suspend the general elections of November 29.