SB 765: Incapacitated persons; finding of lack of capacity to understand act of voting.

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

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.

Sponsors

Sponsors by party (alphabetical): Democratic 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. February 18, 2025Left in Courts of Justice
2. February 7, 2025Referred to Committee for Courts of Justice
3. February 7, 2025Read first time
4. February 7, 2025Placed on Calendar
5. February 4, 2025Read third time and passed Senate (39-Y 0-N 1-A)
6. February 4, 2025Fiscal Impact Statement from Department of Planning and Budget (SB765)
7. February 3, 2025Engrossed by Senate - committee substitute
8. February 3, 2025Courts of Justice Substitute agreed to
9. February 3, 2025Reading of substitute waived
10. February 3, 2025Read second time
11. January 31, 2025Passed by for the day
12. January 31, 2025Constitutional reading dispensed (on 1st reading) (39-Y 0-N)

Showing 12 most recent of 18 actions. Full history