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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.
Introduced
Dec 16, 2024
Last Action
Feb 18, 2025
Session
VA 2025
Sponsors
1 primary · 0 co
Left in Courts of Justice
Referred to Committee for Courts of Justice
Read first time
Placed on Calendar
Fiscal Impact Statement from Department of Planning and Budget (SB765)
Read third time and passed Senate (39-Y 0-N 1-A)
Reading of substitute waived
Read second time
Courts of Justice Substitute agreed to
Engrossed by Senate - committee substitute
Passed by for the day
Constitutional reading dispensed (on 1st reading) (39-Y 0-N)
Rules suspended
Reported from Courts of Justice with substitute (10-Y 2-N 3-A)
Committee substitute printed 25104745D-S1
Rereferred from Rehabilitation and Social Services to Courts of Justice (14-Y 0-N)
Referred to Committee on Rehabilitation and Social Services
Prefiled and ordered printed; Offered 01-08-2025 25101178D
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Left in Courts of Justice
Barbara A. Favola