VirginiaSB342026 Regular SessionSenate

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

Sponsored By: Barbara A. Favola (Democratic)

Signed by Governor

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

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

Stronger voting protections for Virginians with disabilities

In Virginia, a general finding of incapacity does not automatically take away your voting rights. Courts need clear and convincing evidence that you cannot understand voting, and must explain that finding in the order. The court-appointed guardian ad litem must assess voting capacity, but courts cannot rely only on that person's conclusion. Courts must ensure reasonable help suited to your diagnosis or condition during the assessment. They cannot use results from, or failure to complete or follow, tests of literacy, education, subject knowledge, or moral character. Medical information is still allowed. If you were disqualified for lack of capacity before July 1, 2026, you can ask the same court for limited review. Without a petition, the court must review that decision at your next periodic review hearing. Earlier disqualifications are not automatically erased.

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

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 40 • No: 0

Senate vote • 2/12/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • 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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