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VA HB1014

VA HB1014
Incapacitated persons; finding of lack of capacity to understand act of voting.


summary

Introduced
01/14/2026
In Committee
03/03/2026
Crossed Over
03/06/2026
Passed
04/08/2026
Dead
Signed/Enacted/Adopted
04/08/2026

Introduced Session

2026 Regular Regular Session

Bill 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 SB 34.

AI Summary

This bill clarifies that a finding of incapacity in a guardianship or conservatorship proceeding does not automatically mean a person cannot vote. Specifically, it states that a court must make a separate, specific 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. The bill also prevents courts from disqualifying someone from voting based on their inability to read or write, their educational achievements, or their moral character, and requires that reasonable accommodations be provided to assess voting capacity. It also provides a process for individuals previously disqualified from voting due to incapacity to have their cases reviewed under these new standards, and mandates that such reviews will occur at their next periodic review hearing if they do not petition for one themselves.

Committee Categories

Budget and Finance, Government Affairs

Sponsors (6)

Last Action

Acts of Assembly Chapter text (CHAP0442) (on 04/08/2026)

bill text


bill summary

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bill summary

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bill summary

Document Type Source Location
State Bill Page https://lis.virginia.gov/bill-details/20261/HB1014
BillText https://lis.virginia.gov/bill-details/20261/HB1014/text/CHAP0442
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB1014) https://lis.blob.core.windows.net/files/1213145.PDF
BillText https://lis.virginia.gov/bill-details/20261/HB1014/text/HB1014ER
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB1014) https://lis.blob.core.windows.net/files/1198585.PDF
BillText https://lis.virginia.gov/bill-details/20261/HB1014/text/HB1014S1
BillText https://lis.virginia.gov/bill-details/20261/HB1014/text/HB1014SC1
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB1014) https://lis.blob.core.windows.net/files/1097428.PDF
BillText https://lis.virginia.gov/bill-details/20261/HB1014/text/HB1014
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