Ombudsman Challenges Voting Right Suspension for Naturalized Citizens Under the Grandchildren Law

The Spanish Ombudsman, Ángel Gabilondo, has filed an appeal with the Constitutional Court aiming to overturn the suspension of voting rights for thousands of citizens naturalized under the so-called Grandchildren Law, ahead of the general elections on November 29, 2026.

In an official statement, Gabilondo urged the Constitutional Court to implement "urgent precautionary measures" and to review the Supreme Court's interpretation regarding the suspension of the fundamental voting rights of Spanish citizens naturalized through the Law of Democratic Memory.

This move comes just four days after the Supreme Court's Administrative Litigation Chamber dismissed a state appeal, maintaining the temporary suspension of voting rights for certain naturalized individuals listed in the Census of Absent Resident Voters (CERA).

The Supreme Court dismissed the arguments presented by the State Attorney and the Prosecutor's Office, which had claimed that it was materially impossible to review consular records before the elections and that the measure violated a fundamental right.

Contrarily, the court asserted that voting rights are not "absolute" and are subject to "general interests," such as "ensuring the accuracy and absence of irregularities in the electoral census," which should take precedence over individual interests.

The suspension potentially affects 163,020 voters, based on data provided by the Spanish government to the Supreme Court, marking the first mass restriction of suffrage in Spanish democratic history just weeks before an election.

Gabilondo made this decision after receiving requests from individuals and organizations, including the General Council of Spanish Citizenship Abroad (CGCEE), a consultative body representing over three million Spaniards living outside Spain.

This organization submitted a letter on October 13, urging him to appeal to the Constitutional Court and adopt measures to protect the suffrage of those registered in CERA, invoking Article 14 of the Constitution—"Spaniards are equal before the law"—and Article 23.1, which guarantees the right to participate in public affairs through regular elections by universal suffrage.

The suspension also creates two notable paradoxes: those naturalized under the Grandchildren Law currently residing in Spain will still be able to vote on November 29, as the restriction only affects registrations in the external census; and some affected individuals who voted in the 2023 elections will now be excluded.

Meanwhile, those affected by the suspension have until October 22 to present themselves before the Supreme Court as co-defendants, with legal representation, following the publication of the deadline in the Official State Bulletin on October 15.

The Ombudsman's appeal faces a potential procedural hurdle: the principle of subsidiarity in constitutional protection requires that all ordinary judicial avenues be exhausted first, and sources from the Constitutional Court have warned that it could be rejected if this requirement is not met.

This action is one of the last significant undertakings by Gabilondo, whose term ends on November 16, even before the elections, which could be influenced by the exclusion of more than 163,000 voters.