All Roll Calls
Yes: 262 • No: 85
Sponsored By: Kathy K.L. Tran (Democratic)
Became Law
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.
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5 provisions identified: 2 benefits, 0 costs, 3 mixed.
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.
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.
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.
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.
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.
Kathy K.L. Tran
Democratic • House
There are no cosponsors for this bill.
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
Acts of Assembly Chapter text (CHAP0442)
Approved by Governor-Chapter 442 (effective 7/1/2026)
Fiscal Impact Statement from Department of Planning and Budget (HB1014)
Governor's Action Deadline 11:59 p.m., April 13, 2026
Enrolled Bill communicated to Governor on March 14, 2026
Bill text as passed House and Senate (HB1014ER)
Enrolled
Signed by President
Signed by Speaker
Fiscal Impact Statement from Department of Planning and Budget (HB1014)
Senate substitute agreed to by House (62-Y 35-N 0-A)
Passed Senate with substitute (33-Y 6-N 0-A)
Courts of Justice Substitute agreed to
Engrossed by Senate - committee substitute
Read third time
Passed by for the day Block Vote (Voice Vote)
Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)
Rules suspended
Reported from Finance and Appropriations (15-Y 0-N)
Committee substitute printed 26108491D-S1
Senate committee offered
Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations (12-Y 2-N 1-A)
Rereferred from Privileges and Elections to Courts of Justice (14-Y 0-N)
Referred to Committee on Privileges and Elections
Constitutional reading dispensed (on 1st reading)
Chaptered
4/8/2026
Enrolled
3/13/2026
Substitute
2/27/2026
Substitute
2/25/2026
Introduced
1/14/2026
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