Bill > SB34

This bill clarifies that a general finding of incapacity in a guardianship or conservatorship proceeding does not automatically mean a person cannot understand how to vote. Specifically, a court must now make a separate, explicit finding, supported by clear and convincing evidence, that an individual lacks the capacity to understand the act of voting before they can be disqualified from voting. This change aims to ensure that individuals are not disenfranchised based solely on a broader determination of incapacity, and it prevents disqualification based on tests of literacy, education, or moral character. The bill also provides a mechanism for individuals previously disqualified from voting due to incapacity to have their cases reviewed.