VirginiaSB342026 Regular SessionSenateWALLET

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

Sponsored By: Barbara A. Favola (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 HB 1014.

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 3 benefits, 0 costs, 3 mixed.

Court‑approved guardian consent for admission

A court can let a guardian consent to inpatient admission when clear and convincing evidence supports it. A licensed psychiatrist must confirm a severe, persistent mental illness that is unlikely to improve soon. The guardian must have a plan for ongoing treatment in the least restrictive setting. The guardian cannot have a professional tie to the person or the facility.

Regular check-ins and case safeguards

Beginning July 1, 2023, the court sets review hearings: first within one year, then at least every three years. The first review cannot be waived when a hospital or similar facility filed the case. Every case gets a guardian ad litem to visit, advise, investigate, and appear in court. People and organizations must give needed records to the guardian ad litem at no charge. Guardianship orders must include bold, 14‑point notices of rights, duties, duration, reports, and how to ask for changes.

Use agents or limited guardianships first

If you named a health‑care agent or a financial power of attorney, the court usually does not appoint a guardian or conservator. A judge can still act if your agent is not following your wishes or lacks authority. Courts can limit guardianships or conservatorships to only the decisions you cannot handle. Local public programs or 501(c)(3) charities can serve as guardian or conservator if they do not provide your direct services.

Stronger safeguards before losing voting rights

A guardianship finding alone does not end someone’s right to vote. The court must find, by clear and convincing evidence, that the person cannot understand voting. The order must clearly say the person is disqualified and list the facts and legal reasons. Courts cannot use reading, school, or “moral character” tests. Medical reports are allowed. Before relying only on a guardian ad litem, the court provides reasonable accommodations.

Reviews for older voting disqualifications

If a court disqualified you from voting before July 1, 2026, you can ask that same court for review under the new rules. If you do not ask, the court reviews it at your next periodic hearing. Earlier disqualifications remain in effect until a court changes them.

Courts report incapacity; offices vacate

Each circuit court clerk sends the Department of Elections a monthly list of people a court found lack capacity to understand voting, unless a court order says otherwise. The list includes name, address, city or county, Social Security number if any, date and place of birth, and the date of the finding. The Department sends the information to local registrars; state election leaders set the procedures. If a court finds an officeholder cannot understand voting, that office is vacant and is filled under law. The officer keeps the right to a jury trial unless waived.

Sponsors & Cosponsors

Sponsor

  • Barbara A. Favola

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 224 • No: 58

Senate vote 3/6/2026

House substitute agreed to by Senate

Yes: 24 • No: 16

House vote 3/4/2026

Passed House with substitute

Yes: 65 • No: 34

House vote 2/27/2026

Reported from Privileges and Elections with substitute

Yes: 15 • No: 6

Senate vote 2/16/2026

Read third time and passed Senate

Yes: 37 • No: 1

Senate vote 2/13/2026

Finance and Appropriations Substitute agreed to

Yes: 0 • No: 0

Senate vote 2/12/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/12/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 40 • No: 0

Senate vote 2/11/2026

Reported from Finance and Appropriations with substitute

Yes: 15 • No: 0

Senate vote 2/4/2026

Reported from Courts of Justice and rereferred to Finance and Appropriations

Yes: 14 • No: 1

Senate vote 1/20/2026

Rereferred from Privileges and Elections to Courts of Justice

Yes: 14 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0443)

    4/8/2026Governor
  2. Approved by Governor-Chapter 443 (effective 7/1/2026)

    4/8/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

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

    3/14/2026Senate
  5. Fiscal Impact Statement from Department of Planning and Budget (SB34)

    3/12/2026Senate
  6. Bill text as passed Senate and House (SB34ER)

    3/12/2026Senate
  7. Enrolled

    3/12/2026Senate
  8. Signed by President

    3/12/2026Senate
  9. Signed by Speaker

    3/12/2026House
  10. Fiscal Impact Statement from Department of Planning and Budget (SB34)

    3/6/2026Senate
  11. House substitute agreed to by Senate (24-Y 16-N 0-A)

    3/6/2026Senate
  12. Passed House with substitute (65-Y 34-N 0-A)

    3/4/2026House
  13. Engrossed by House - committee substitute

    3/4/2026House
  14. committee substitute agreed to

    3/4/2026House
  15. Read third time

    3/4/2026House
  16. Read second time

    3/3/2026House
  17. Committee substitute printed 26108489D-H1

    2/27/2026House
  18. Reported from Privileges and Elections with substitute (15-Y 6-N)

    2/27/2026House
  19. House committee offered

    2/26/2026House
  20. House committee offered

    2/20/2026House
  21. Referred to Committee on Privileges and Elections

    2/19/2026House
  22. Read first time

    2/19/2026House
  23. Placed on Calendar

    2/19/2026House
  24. Fiscal Impact Statement from Department of Planning and Budget (SB34)

    2/17/2026Senate
  25. Read third time and passed Senate (37-Y 1-N 0-A)

    2/16/2026Senate

Bill Text

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