On Wednesday, Spain's Constitutional Court dismissed an appeal filed by Ombudsman Ángel Gabilondo by a vote of 10 to 2. The appeal challenged the temporary suspension of voting rights for citizens naturalized under the Democratic Memory Law, often referred to as the Grandchildren Law.
The court's decision was documented in its official note 94/2026, dated October 21, 2026.
The primary reason for dismissal was procedural. The full court, led by Cándido Conde-Pumpido, deemed the appeal premature. According to the court's note, “the prior judicial process in the referred Third Chamber of the Supreme Court remains open.”
Under Article 44.1.a of the Organic Law of the Constitutional Court, all ordinary legal remedies must be exhausted before a constitutional appeal can be filed—a requirement the full court found unmet in this instance.
The appeal contested the Supreme Court's orders from September 10 and October 12, 2026, related to procedures 1013 and 1015/2026. These orders imposed and later upheld interim measures halting the registration of exiles in the Overseas Residents Electoral Census (CERA).
Additionally, the majority dismissed Gabilondo's central argument that consular difficulties in verifying files justified bypassing ordinary judicial routes. As reported by El País, the majority's reasoning was clear: “Administrative inefficiency is not a basis for granting an appeal.”
Ramón Sáez Valcárcel and Juan Carlos Campo Moreno were the only two judges who voted in favor of admitting the appeal, both announcing dissenting opinions.
It is crucial to clarify what the decision does not do: the Constitutional Court did not rule on whether the suspension of voting rights is constitutional or unconstitutional, nor did it annul or validate the Supreme Court's interim measures.
The dismissal does not impact Spanish nationality or the passports of those affected; it solely limits the ability to vote from abroad using the CERA in the general elections scheduled for November 29, 2026.
The suspension, potentially affecting 163,020 voters registered in the CERA, remains in effect, and the case returns to the Supreme Court. Those naturalized under the Grandchildren Law residing in Spain can vote on November 29 without restrictions.
The appeal was filed on October 16, five days before this ruling, following requests from the General Council of Spanish Citizenship Abroad.
Gabilondo sought to halt the suspension of voting rights by requesting urgent interim measures from the court. On October 19, the Fourth Section unanimously referred the decision to the full court, with TC lawyers already advising that the appeal was premature.
The political context adds urgency to the judicial timeline: the Spanish government acknowledged the challenge of verifying consular files in time for the November 29 elections, with Foreign Minister José Manuel Albares admitting that verification would take “at least until January” to complete.
This dismissal does not entirely close the constitutional route: should the Supreme Court deliver an unfavorable ruling to the affected parties after exhausting ordinary avenues, a new appeal could be considered. However, Gabilondo's term ends on November 16, 2026, even before the elections take place.
FAQs on Overseas Voting Rights and the Grandchildren Law
What is the Grandchildren Law?
The Grandchildren Law, also known as the Democratic Memory Law, allows descendants of exiled Spaniards to apply for Spanish citizenship.
Why was the appeal by the Ombudsman dismissed?
The appeal was dismissed because it was considered premature; the prior judicial process in the Supreme Court had not been exhausted, which is a prerequisite for filing a constitutional appeal.
Does the court's decision affect the nationality status of those impacted?
No, the decision does not impact the Spanish nationality or passports of those affected; it only limits their ability to vote from abroad in the upcoming elections.