The announcement of the call for general elections for next November 29, 2026 has coincided with the continuity of the controversial decision of the Supreme Court to suspend the registration in the Electoral Census of Absent Residents (CERA) of those people who are abroad and have obtained nationality by taking advantage of subsequent instruction of the Ministry of Justice of October 25, 2022, of what is known as the ‘grandchildren law’.
In order to exercise their right to vote, those naturalized had to present a series of documents proving that they were children or grandchildren of Spaniards “who had suffered exile for political, ideological reasons, or sexual identity beliefs or orientation (…)” thanks to a consular certificate. A condition that will limit who of the 163,020 naturalized people registered in CERA will be able to participate in these elections.
This situation, added to the extraordinary immigration regularization that came into force on Thursday, April 16 in the country, has raised hundreds of doubts about which migrants will have the possibility of exercising the right to vote in the next elections on 29N. A question that can be resolved simply if one knows the difference between having a residence permit or being naturalized in the country.
Which migrants will be able to vote this 29N?
Article 13.2 of the Spanish Constitution establishes that “only Spaniards will be holders of the rights recognized in article 23except what, based on reciprocity criteria, may be established by treaty or law for active and passive suffrage in municipal elections.” Understanding article 23 as that which includes the right to universal suffrage.
Likewise, article 2.1 of the Organic Law of the Electoral Regime, also known as LOREG, specifies that “the right to vote corresponds to Spaniards of legal age.” And establishes the obligation to be previously registered on the current electoral roll. Therefore, everyone will be able to vote in the general elections. those people who have Spanish nationality by birth or by having obtained it after having completed the minimum period of legal residence in Spain.
In this sense, all the people who have seen each other Those benefiting from the extraordinary regularization will not have the right to vote if they have not subsequently obtained Spanish nationality. This is because the measure only grants a residence and work permit for an initial one-year duration. However, it would allow them to participate in municipal elections in the event that there is a reciprocity agreement on electoral matters with their country of origin and they meet the minimum period of residence in Spain.
What happens in the case of those naturalized by the ‘grandchildren law’?
As of August 1, 2026, 163,020 people were registered in CERA. Of these, and for the moment, only those nationalized citizens who have a certificate issued by consular records in which it is proven to be the son or grandson of an exiled Spaniard “for political, ideological or belief or sexual orientation reasons”, according to the Eighth Additional Provision of Law 20/2022 on Democratic Memory, better known as the ‘grandchild law’.
Those who do not have a consular certificate and were nationalized thanks to subsequent instruction will not be able to participate, at least for the moment. This, approved on October 25, 2022, presumed the status of exile for all those Spaniards who migrated from the country between July 18, 1936 and December 31, 1955, so They did not need to prove exile for political reasons.