Supreme Court suspends voter registrations for descendants of Spaniards in exile

​Madrid, Sep 8 (EFE).- The Spanish Supreme Court suspended registrations to the Electoral Roll of Absent Residents (CERA) related to the Law on Democratic Memory until consulates verify that those naturalized through this process meet the requirement of being descendants of exiled Spaniards.

​The Supreme Court has partially granted the preliminary injunction requested by the political movement Iustitia Europa and the far-right party Vox in separate appeals against a decision by the Central Electoral Board, which on July 16 stated that it could not reject the admission of mail-in ballots from these individuals abroad because doing so exceeded its authority.

​A provision of that law allows the children and grandchildren of Spaniards by origin to qualify for Spanish nationality, provided they were born outside Spain, and their father, mother, grandfather, or grandmother was Spanish and exiled for political, ideological, religious, or sexual orientation reasons.

​However, one week after the law took effect in October 2022, the government approved a directive stating that the status of exile would be “presumed” for all Spaniards who left Spain between 1936, when the civil war began, and 1955, sixteen years after the conflict ended and during the height of General Francisco Franco’s dictatorship (1939-1975).

​This issue has sparked intense controversy in Spain, as conservatives accuse the government of “electoral engineering” and “manufacturing voters” through this directive when it comes to the descendants of Spaniards who settled abroad during that period but did so for reasons other than political, ideological, religious, or sexual orientation.

​Vox believes this constitutes a “massive,” “arbitrary,” and “uncontrolled” granting of citizenship in an attempt by the government to “alter” the voter rolls and engage in electoral fraud, a claim categorically denied by the Socialist Party, the majority partner in Spain’s coalition government.

​Now, the high court has suspended the electoral effects of registration in the CERA for elections held in Spain until it issues a ruling on the matter, except in cases where individuals can prove they are descendants of victims of Franco-era repression in accordance with the law, as stated in a judicial ruling released on Tuesday.

​Consequently, consulates must verify that naturalizations are carried out in accordance with the requirements of the law pertaining to exile for political, ideological, or religious reasons, or due to sexual orientation.

​It also orders the Electoral Census Office to break down the voter registration files resulting from the direct application of the grounds for exile outlined in the law, and those approved under the government’s interpretation.

​The Spanish Supreme Court’s decision sparked discontent among Spaniards living in Ecuador, Mexico, and Cuba, among other countries.

“If they’re already Spanish, they’re Spanish. There’s no such thing as second-class Spaniards. We all have rights. This isn’t right,” Javier Rivas, a 50-year-old Spaniard who has lived in Ecuador for 18 years, told EFE outside the Spanish Consulate General in Quito.​

To date, 2.4 million descendants of those forced into exile following the Civil War (1936–1939) or due to Francoist persecution have applied for Spanish citizenship through this system; of these, 544,722 have had their applications approved, and 306,000 are already registered as Spanish citizens, according to the latest official data. EFE

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