All Roll Calls
Yes: 224 • No: 58
Sponsored By: Barbara A. Favola (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 HB 1014.
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6 provisions identified: 3 benefits, 0 costs, 3 mixed.
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.
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.
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.
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.
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.
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.
Barbara A. Favola
Democratic • Senate
There are no cosponsors for this bill.
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
Acts of Assembly Chapter text (CHAP0443)
Approved by Governor-Chapter 443 (effective 7/1/2026)
Governor's Action Deadline 11:59 p.m., April 13, 2026
Enrolled Bill communicated to Governor on March 14, 2026
Fiscal Impact Statement from Department of Planning and Budget (SB34)
Bill text as passed Senate and House (SB34ER)
Enrolled
Signed by President
Signed by Speaker
Fiscal Impact Statement from Department of Planning and Budget (SB34)
House substitute agreed to by Senate (24-Y 16-N 0-A)
Passed House with substitute (65-Y 34-N 0-A)
Engrossed by House - committee substitute
committee substitute agreed to
Read third time
Read second time
Committee substitute printed 26108489D-H1
Reported from Privileges and Elections with substitute (15-Y 6-N)
House committee offered
House committee offered
Referred to Committee on Privileges and Elections
Read first time
Placed on Calendar
Fiscal Impact Statement from Department of Planning and Budget (SB34)
Read third time and passed Senate (37-Y 1-N 0-A)
Chaptered
4/8/2026
Enrolled
3/12/2026
Substitute
2/27/2026
Substitute
2/26/2026
Substitute
2/20/2026
Substitute
2/13/2026
Introduced
11/19/2025
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