Bill > SB34

This bill clarifies that a finding of incapacity in a guardianship or conservatorship proceeding does not automatically mean a person is "mentally incompetent" and therefore disqualified from voting. Instead, a court must make a specific finding, supported by clear and convincing evidence, that an individual lacks the capacity to understand the act of voting itself before they can be disqualified from voting. This change aims to ensure that individuals are not automatically disenfranchised due to a general finding of incapacity, and it requires courts to consider whether reasonable accommodations have been provided to assess a person's ability to understand voting. The bill also specifies that certain tests, such as those evaluating literacy or general knowledge, cannot be used to determine a person's capacity to vote. For individuals already deemed disqualified before January 1, 2027, their status will be reviewed under these new provisions at their next periodic review hearing.

Budget and Finance, Government Affairs

https://lis.virginia.gov/bill-details/20261/SB34