CERA Vote Suspension by Democratic Memory: What Changes in 2026

Key data

Persons naturalized under additional provision 8th of Law 20/2022 on Democratic Memory who were registered or pending registration in the CERA census will not be able to exercise their right to vote in the upcoming elections called by Royal Decree 806/2026. The Order of October 12, 2026 from the Third Chamber of the Supreme Court, published in the BOE on October 15, 2026, dismisses the motion for reconsideration filed by the General State Administration and the National Statistics Institute (INE), thus confirming the precautionary suspension already agreed on September 10, 2026.

The State and INE attempted to reverse the initial precautionary measure, but the Supreme Court has maintained its position: the electoral effects of such registrations remain suspended until the merits of the administrative appeal 1015/2026 are resolved.

What does this resolution establish?

The resolution publishes the operative part of the Supreme Court's Order and has immediate effects. These are the specific points it establishes:

• Suspension of new registrations: The Electoral Census Office is prevented from registering new beneficiaries of additional provision 8th of Law 20/2022 in the CERA.
• Suspension of electoral effects of registered persons: Persons already registered in the CERA under this route will not be able to exercise the right to vote in the elections called by RD 806/2026.
• Individual exception: Excluded from the suspension are those cases in which the Consular Registries certify individually the person's status without applying the presumption established in the Seventh Directive of the 2022 Instruction.
• Appearance deadline: A period of 5 business days is opened for those affected to appear as a co-defendant party in the administrative appeal 1015/2026.
• Suspension of the main proceeding: The main proceeding of the appeal remains suspended until the indicated appearance deadline expires.

Operational impact and consequences

Although this resolution has no direct economic impact for companies, it does generate relevant operational and legal consequences for the administrations involved and for the affected citizens:

• Electoral Administration: The Electoral Census Office must immediately halt any CERA registration procedure linked to the Democratic Memory Law.
• Consular Registries: They must review case by case whether their certifications have been issued with or without application of the Seventh Directive of the 2022 Instruction, since only those issued without such presumption are excluded from the suspension.
• Affected citizens: Those registered in the CERA under this route and who do not have individual consular certification will not be able to vote in the elections of RD 806/2026. They have 5 business days to appear in the appeal if they wish to defend their position.
• General State Administration and INE: Their motion for reconsideration has been dismissed, which consolidates the suspension and limits their options to awaiting the resolution of the merits of the case.

Who does it affect?

• Spanish persons naturalized under additional provision 8th of Law 20/2022 on Democratic Memory who are registered or in the process of registration in the CERA.
• The Electoral Census Office, which must halt the affected registrations.
• The Consular Registries, which must verify whether their individual certifications apply or not the Seventh Directive of the 2022 Instruction.
• The General State Administration and the National Statistics Institute (INE), whose motion for reconsideration has been rejected.
• The political party Vox, original appellant, which sees the precautionary measure it requested consolidated.
• Any citizen or entity with legitimate interest in the administrative appeal 1015/2026, who may appear as a co-defendant party within 5 business days.

Practical example

Let us suppose the case of a person of Latin American origin who obtained Spanish nationality in 2024 under additional provision 8th of Law 20/2022 on Democratic Memory, and who requested registration in the CERA to be able to vote from their country of residence in the elections called by RD 806/2026.

Scenario A — Registration processed with the presumption of the Seventh Directive: Their registration remains with suspended electoral effects. They will not be able to vote in such elections. If they want to defend their right, they have 5 business days from notification to appear as a co-defendant party in appeal 1015/2026 before the Third Chamber of the Supreme Court.

Scenario B — Individual consular certification without applying the Seventh Directive: If the Consular Registry has issued an individual certification proving their status without resorting to the presumption of the Seventh Directive, they are excluded from the suspension and maintain their electoral effects. They will be able to vote normally.

What should those affected do now?

1. If you are a person registered in the CERA under the Democratic Memory Law route: Verify with your Consular Registry whether your registration was processed with or without the presumption of the Seventh Directive of the 2022 Instruction. That distinction determines whether you can vote or not in the elections of RD 806/2026.
2. If you want to defend your right to vote before the Supreme Court: You have a period of 5 business days from notification to appear as a co-defendant party in the administrative appeal 1015/2026 before the Third Chamber of the Supreme Court. Act with urgency and with legal assistance.
3. If you are the Electoral Census Office or a Consular Registry: Immediately halt any new CERA registration linked to this route. Review the certifications already issued to identify which ones apply the Seventh Directive and which ones do not, and communicate the result to the interested parties.
4. If you are the General State Administration or the INE: The motion for reconsideration has been dismissed. The next possible action is to await the resolution of the merits of the main appeal, whose main proceeding is suspended until the appearance deadline expires.
5. In all cases: Consult the complete resolution published in the BOE on October 15, 2026 (reference BOE-A-2026-21448) and seek advice from an electoral or administrative law professional to assess the available options.

Official source

Consult complete regulation in official source (BOE-A-2026-21448)

Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-21448