JEC divided over 'ley de nietos' legality, declines to act on expansion

The Junta Electoral Central (JEC) has declared itself incompetent to halt the expansion of the 'ley de nietos' but a majority of its members believe the underlying instruction is illegal. Four of the 13 JEC members filed a dissenting vote arguing the instruction "contravenes the law" and that the JEC has a duty to stop an "irregular increase in the electoral roll."

The dispute

The dispute centers on an instruction issued in October 2022 by the Ministry of Justice's Directorate General of Legal Certainty and Public Faith, which broadened the criteria for obtaining nationality under the Law of Democratic Memory. While the law limits eligibility to descendants of exiles for political reasons, the instruction extended it to anyone whose ancestors left Spain between 1936 and 1955 for any reason, including economic migration Source: El País. A majority of JEC members—including nine who voted against acting—agreed that the instruction "contains provisions contrary to the law," but concluded they lack jurisdiction over nationality matters Source: El Mundo. The four dissenting members, including magistrates from the Supreme Court, argued that the JEC is competent because the instruction directly affects the electoral census Source: ABC.

Political reaction

PP leader Alberto Núñez Feijóo has seized on the JEC's doubts to demand a halt to new census entries and a revision of the instruction, while Vox has threatened legal action Source: El Confidencial. The government has defended the law as a means to redress historical injustices.

What's next?

Despite the controversy, the process of granting nationality is slow. As of mid-2026, only about 600,000 applications have been approved out of 2.4 million requests, and many will not be resolved before the next general election in 2027 Source: El País. The JEC has ordered the Census Office to provide a detailed report on how new voters are assigned to electoral districts.