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Bill

HB 2746

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

2025 Regular Session Introduced by Elizabeth Bennett-Parker and 6 co-sponsors

Virginia bill establishing court procedures to declare incapacitated persons ineligible to vote based on lack of understanding; vetoed by Governor over implementation concerns.

House sustained Governor's veto
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Bill Summary · HB 2746

Legislative bill overview

HB 2746 would establish a formal legal process in Virginia to determine whether incapacitated persons lack the capacity to understand the act of voting, potentially restricting their voting rights. The bill creates procedures for courts to make findings of incapacity specifically related to voting ability, separate from general incapacity determinations.

Why is this important

Voting rights for people with cognitive or mental disabilities are legally and ethically contentious. This bill directly addresses who can be excluded from voting based on legal capacity findings, affecting thousands of Virginians with intellectual disabilities, dementia, or mental health conditions. The Governor's veto suggests significant concerns about the bill's implementation or potential for discriminatory application.

Potential points of contention

  • Disability rights concerns: Disability advocates argue that incapacity findings are often overly broad and can disenfranchise people who understand voting despite other limitations; this bill could enable such exclusions
  • Due process protections: Questions about whether the bill provides sufficient procedural safeguards, independent evaluation, and appeal mechanisms before voting rights are stripped
  • Subjective standards: Defining what it means to "understand the act of voting" is inherently subjective and may be applied inconsistently across different populations or demographics

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

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