VirginiaHB10142026 Regular SessionHouse

Incapacitated persons; finding of lack of capacity to understand act of voting.

Sponsored By: Kathy K.L. Tran (Democratic)

Became Law

Summary

Incapacitated persons; finding of lack of capacity to understand act of voting. Provides that a finding that a person is incapacitated in a proceeding for guardianship or conservatorship shall not be synonymous with a finding that such person lacks the capacity to understand the act of voting and therefore is not qualified to vote in accordance with the provisions of the Constitution of Virginia. The bill provides that no person shall be deemed disqualified to vote due to a lack of capacity for the purposes of the Constitution of Virginia unless a court makes a specific finding by clear and convincing evidence that such person lacks the capacity to understand the act of voting. This bill is identical to SB 34.

Your PRIA Score

Score Hidden

Personalized for You

How does this bill affect your finances?

Sign up for a PRIA Policy Scan to see your personalized alignment score for this bill and every other piece of legislation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.

Free to start

Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 0 costs, 3 mixed.

Regular court checkups and limited guardianships

Beginning July 1, 2023, every guardianship or conservatorship order sets a court review within one year and then at least every three years. For a review, the court appoints a guardian ad litem (GAL), and you have a right to a lawyer. The court checks if the guardian is doing the job, if your order should change, and if your capacity has improved. Courts can create limited guardianships or conservatorships so you keep as many rights as possible. If you have a valid advance directive or durable power of attorney—or if your main income is government benefits and you have a representative payee—the court does not need to appoint a guardian or conservator. Orders must clearly list rights removed or kept and explain how to ask for changes.

Stronger guardian ad litem help and access

When someone files for guardianship or conservatorship, the court appoints a guardian ad litem (GAL) for the respondent. The GAL must meet you, explain your rights, investigate, consider less‑restrictive options, and go to all hearings. The GAL’s report must cover whether a guardian is needed, what powers, voting capacity, placement, and any bond amount. With a court order, doctors, schools, social services, and financial firms must share records with the GAL at no charge. People who share records in good faith are protected from lawsuits.

Tight rules for facility admissions

A guardian can consent to admitting you to a mental health facility only if the court first finds clear and convincing evidence. A psychiatrist must confirm severe, persistent mental illness that greatly impairs capacity. The court must find the condition is unlikely to improve soon and that there is a plan for ongoing, least‑restrictive treatment. A guardian usually cannot work for the facility.

Stronger rules and reviews on voting capacity

A court removes voting rights only with clear and convincing evidence that a person cannot understand the act of voting. Courts cannot use reading, schooling, knowledge, or moral‑character tests, and must ensure reasonable accommodations before using a GAL report. People disqualified before July 1, 2026 may ask the original court for a limited review, and if they do not, the court reviews it at the next periodic hearing. Prior incompetence rulings stay in place until reviewed. Each month, circuit court clerks send the Department of Elections the names and details of people adjudicated to lack voting capacity, and registrars get that information. A Chapter 20 incapacity adjudication can make a person ineligible to vote under state law.

Vacancy and jury rights for public officers

If a public officer is adjudicated to lack the capacity to understand voting, the office becomes vacant and is filled under normal vacancy laws. In any such incapacity case, the officer has a right to a jury trial unless the officer or the officer’s lawyer waives it.

Sponsors & Cosponsors

Sponsor

  • Kathy K.L. Tran

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 262 • No: 85

House vote 3/6/2026

Senate substitute agreed to by House

Yes: 62 • No: 35

Senate vote 3/4/2026

Courts of Justice Substitute agreed to

Yes: 0 • No: 0

Senate vote 3/4/2026

Passed Senate with substitute

Yes: 33 • No: 6

Senate vote 3/3/2026

Reported from Finance and Appropriations

Yes: 15 • No: 0

Senate vote 3/3/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 3/3/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/25/2026

Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations

Yes: 12 • No: 2 • Other: 1

Senate vote 2/10/2026

Rereferred from Privileges and Elections to Courts of Justice

Yes: 14 • No: 0

House vote 2/3/2026

Read third time and passed House

Yes: 64 • No: 34

House vote 1/30/2026

Reported from Privileges and Elections

Yes: 16 • No: 6

House vote 1/28/2026

Subcommittee recommends reporting

Yes: 6 • No: 2

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0442)

    4/8/2026Governor
  2. Approved by Governor-Chapter 442 (effective 7/1/2026)

    4/8/2026Governor
  3. Fiscal Impact Statement from Department of Planning and Budget (HB1014)

    3/16/2026House
  4. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/14/2026Governor
  5. Enrolled Bill communicated to Governor on March 14, 2026

    3/14/2026House
  6. Bill text as passed House and Senate (HB1014ER)

    3/13/2026House
  7. Enrolled

    3/13/2026House
  8. Signed by President

    3/13/2026Senate
  9. Signed by Speaker

    3/13/2026House
  10. Fiscal Impact Statement from Department of Planning and Budget (HB1014)

    3/6/2026House
  11. Senate substitute agreed to by House (62-Y 35-N 0-A)

    3/6/2026House
  12. Passed Senate with substitute (33-Y 6-N 0-A)

    3/4/2026Senate
  13. Courts of Justice Substitute agreed to

    3/4/2026Senate
  14. Engrossed by Senate - committee substitute

    3/4/2026Senate
  15. Read third time

    3/4/2026Senate
  16. Passed by for the day Block Vote (Voice Vote)

    3/3/2026Senate
  17. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    3/3/2026Senate
  18. Rules suspended

    3/3/2026Senate
  19. Reported from Finance and Appropriations (15-Y 0-N)

    3/3/2026Senate
  20. Committee substitute printed 26108491D-S1

    2/27/2026Senate
  21. Senate committee offered

    2/25/2026Senate
  22. Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations (12-Y 2-N 1-A)

    2/25/2026Senate
  23. Rereferred from Privileges and Elections to Courts of Justice (14-Y 0-N)

    2/10/2026Senate
  24. Referred to Committee on Privileges and Elections

    2/4/2026Senate
  25. Constitutional reading dispensed (on 1st reading)

    2/4/2026Senate

Bill Text

Related Bills

Back to State Legislation