Supreme Court Suspends Vote of Naturalized Citizens Under Democratic Memory Law in 2026 Elections

Key data

Those who obtained Spanish nationality through the additional provision 8 of Law 20/2022 (Democratic Memory Law) will not be able to vote in the upcoming general elections called by the Royal Decree 806/2026. The Supreme Court, through an Order of October 12, 2026, has dismissed the appeal for reconsideration filed by the General Administration of the State and the National Institute of Statistics (INE), maintaining the precautionary suspension that it had already issued on September 10, 2026.

The resolution was published in the BOE on October 15, 2026 and has immediate effects on the ongoing electoral process.

What does this regulation establish?

The Order of October 12, 2026 from the Third Chamber of the Supreme Court confirms and maintains the precautionary suspension that had been issued on September 10, 2026 in the separate proceeding for precautionary measures of administrative litigation 1013/2026. This proceeding was filed by the political party Iustitia Europa against Agreement no. 204/2026, of July 16, 2026, of the Central Electoral Board, in File no. 209/361.

The specific effects established by the Order are as follows:

• The Electoral Census Office will not be able to register in the CERA (Census of Spanish Residents Abroad) new beneficiaries of additional provision 8 of Law 20/2022.
• Nor will it be able to recognize electoral effects to those already registered in the CERA under said provision, for the elections called by RD 806/2026.
• An exception is established: those excluded from the suspension are those who prove through consular certification that, as of August 1, 2026, they met the specific requirements without applying the presumption established in the Seventh Directive of the 2022 Instruction.
• The main proceeding remains suspended until the deadline for interested parties to appear expires.

In practice, the Supreme Court rejects the argument of the State and the INE that the precautionary suspension should be lifted, and maintains the status quo until the main proceeding is resolved.

Economic and operational impact

The impact of this resolution is not economic in the strict sense, but rather operational, institutional and rights-related. The affected organizations and entities must adapt their processes immediately:

• Electoral Census Office and INE: Must immediately halt any registration procedure in the CERA for new beneficiaries of Law 20/2022 and block the electoral effects of those already registered, except for the exception proven through consular certification.
• Consular Registries: Must manage and issue consular certifications proving compliance with requirements as of August 1, 2026 without applying the presumption of the Seventh Directive, for cases that may be excluded from the suspension.
• Political parties: Must take into account that the electoral census applicable to the elections called by RD 806/2026 will not include beneficiaries of additional provision 8 of Law 20/2022, except for those excepted.
• Naturalized persons: Those who obtained nationality through this route must verify if they meet the exception and, if applicable, obtain the corresponding consular certification. Additionally, they have 5 business days from October 15, 2026 to appear as co-defendant parties in the proceeding.

Who does it affect?

• Naturalized persons under additional provision 8 of Law 20/2022 (Democratic Memory Law) who were registered or in the process of registration in the CERA.
• National Institute of Statistics (INE) and the Electoral Census Office, which must halt registrations and electoral effects.
• Consular Registries, which must manage certifications of the exception.
• Political parties participating in the elections called by RD 806/2026, especially regarding overseas voting (CERA).
• Iustitia Europa (appellant party) and the General Administration of the State (respondent party), as direct procedural parties.

Practical example

A person of Latin American origin who obtained Spanish nationality in 2023 under additional provision 8 of Law 20/2022 (Democratic Memory Law) and who resides abroad, requested registration in the CERA to be able to vote in the elections called by RD 806/2026.

Following the Supreme Court's Order of October 12, 2026, the Electoral Census Office cannot process that registration nor recognize electoral effects. If this person wants to vote, they must prove through consular certification that, as of August 1, 2026, they already met the required requirements without resorting to the presumption of the Seventh Directive of the 2022 Instruction. If they cannot prove it, they are excluded from the census for these elections.

Additionally, if this person wishes to defend their rights in the judicial proceeding, they have 5 business days from October 15, 2026 to appear as a co-defendant party before the Third Chamber of the Supreme Court in proceeding 1013/2026.

What should affected parties do now?

1. Verify if nationality was obtained under additional provision 8 of Law 20/2022: Only those naturalized through this specific route are affected by the suspension. Check the nationality acquisition document.
2. Check if the exception applies: If as of August 1, 2026 the requirements were already met without applying the presumption of the Seventh Directive of the 2022 Instruction, immediately request the corresponding consular certification from the competent Consular Registry.
3. Act within the 5 business day deadline: Interested parties wishing to appear as co-defendant parties in administrative litigation 1013/2026 must do so within 5 business days following October 15, 2026. After that deadline, the opportunity to intervene in the proceeding is lost.
4. Organizations (INE, Electoral Census Office, Consular Registries): Immediately halt any registration procedure in the CERA for new beneficiaries of Law 20/2022 and block electoral effects of those already registered, except those who prove the exception. Coordinate internally the procedures for verifying consular certifications.
5. Political parties: Update overseas voting forecasts (CERA) for the elections called by RD 806/2026, excluding beneficiaries of additional provision 8 of Law 20/2022 not excepted.

Official source

Consult complete regulation in official source

Notice: This article is purely informational in nature 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-2026-21447