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Bill

SB 34

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

2026 Regular Session Introduced by Barbara Favola and 1 co-sponsor

SB 34 establishes court procedures to formally determine whether incapacitated individuals lack capacity to vote in Virginia elections.

Governor's Action Deadline 11:59 p.m., April 13, 2026
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Bill Summary · SB 34

Legislative bill overview

SB 34 modifies Virginia law regarding voting rights for individuals deemed incapacitated, specifically establishing procedures for courts to find that a person lacks the capacity to understand the act of voting. The bill creates a formal legal mechanism to restrict voting eligibility based on judicial determinations of cognitive or mental incapacity.

Why is this important

Voting is a fundamental right, and laws restricting it affect vulnerable populations including people with intellectual disabilities, dementia, and mental illness. The procedures established in this bill determine who can participate in elections and what legal safeguards exist to prevent both disenfranchisement of capable individuals and voting by those unable to make informed choices.

Potential points of contention

  • Capacity standards: The definition and assessment of "capacity to understand the act of voting" may be subjective; critics worry this could exclude people with disabilities who understand voting despite cognitive limitations
  • Due process protections: Questions about what procedural safeguards exist to ensure fair hearings, appeals, and restoration of voting rights once capacity is regained
  • Disability rights concerns: Advocates may argue the bill enables discrimination against individuals with disabilities who are otherwise capable of voting with appropriate support or accommodations

Compiled from official sources — confirm details with the bill’s official record.

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