VirginiaSB7652025 Regular SessionSenate

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

Sponsored By: Barbara A. Favola (Democratic)

Failed

Summary

Incapacitated persons; finding of lack of capacity to understand the act of voting. Provides that no person shall be deemed disqualified to vote due to lack of capacity for the purposes of Article II, Section 1 of the Constitution of Virginia unless the court makes a specific finding by clear and convincing evidence that such person lacks the capacity to understand the act of voting. The bill allows any person deemed disqualified to vote due to lack of capacity prior to July 1, 2025, to file a petition for a court to review such determination in accordance with the provisions of the bill. The bill also requires the report of a guardian ad litem in a guardianship or conservatorship to include whether the respondent lacks the capacity to understand the act of voting. As introduced, this bill was a recommendation of the Disability Commission.

Courts of Justice

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Bill Overview

No Economic Impacts Identified for this Bill

Sponsors & Cosponsors

Sponsor

  • Barbara A. Favola

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 102 • No: 2

Senate vote • 2/4/2025

Read third time and passed Senate

Yes: 39 • No: 0 • Other: 1

Senate vote • 1/31/2025

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 39 • No: 0

Senate vote • 1/29/2025

Reported from Courts of Justice with substitute

Yes: 10 • No: 2 • Other: 3

Senate vote • 1/17/2025

Rereferred from Rehabilitation and Social Services to Courts of Justice

Yes: 14 • No: 0

Actions Timeline

  1. Left in Courts of Justice

    2/18/2025House
  2. Read first time

    2/7/2025House
  3. Referred to Committee for Courts of Justice

    2/7/2025House
  4. Placed on Calendar

    2/7/2025House
  5. Fiscal Impact Statement from Department of Planning and Budget (SB765)

    2/4/2025Senate
  6. Read third time and passed Senate (39-Y 0-N 1-A)

    2/4/2025Senate
  7. Engrossed by Senate - committee substitute

    2/3/2025Senate
  8. Courts of Justice Substitute agreed to

    2/3/2025Senate
  9. Reading of substitute waived

    2/3/2025Senate
  10. Read second time

    2/3/2025Senate
  11. Constitutional reading dispensed Block Vote (on 1st reading) (39-Y 0-N)

    1/31/2025Senate
  12. Passed by for the day

    1/31/2025Senate
  13. Rules suspended

    1/31/2025Senate
  14. Committee substitute printed 25104745D-S1

    1/29/2025Senate
  15. Reported from Courts of Justice with substitute (10-Y 2-N 3-A)

    1/29/2025Senate
  16. Rereferred from Rehabilitation and Social Services to Courts of Justice (14-Y 0-N)

    1/17/2025Senate
  17. Referred to Committee on Rehabilitation and Social Services

    12/16/2024Senate
  18. Prefiled and ordered printed; Offered 01-08-2025 25101178D

    12/16/2024Senate

Bill Text

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