SB 765

Abstract

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.

A BILL to amend and reenact §§ 24.2-232, 24.2-410, 64.2-2000, 64.2-2003, 64.2-2009, and 64.2-2009.1 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 64.2-2009.2, relating to incapacitated persons; finding of lack of capacity to understand act of voting.