Virginia has a complicated process of amending the state constitution. A potential amendment must be approved by both the House and the Senate in one year, then, after there has been an election for members of the House of Delegates, both the House and Senate must approve it again. Only then can the potential amendment be put to the voters.
That means that the 2025 session will consider many potential amendments, for the first time in the amendment process. One of those amendments concerns the right of someone under guardianship to be able to vote. Currently, the Constitution states that a mentally incompetent person is not qualified to vote. Many courts have interpreted that to mean that any level of decision-making assistance disqualifies a voter.
- SJ 248 (Locke) is a proposed amendment that states that the right to vote shall not be abridged by law, except if a person has been found to lack the capacity to understand the act of voting. The resolution has been assigned to the Senate Committee on Privileges and Elections.
- SB 765 (Favola) seeks to fix the issue without a constitutional amendment. The bill provides that finding someone to need guardianship is not the same thing as finding that they are mentally incompetent for the purpose of voting. The bill requires a court to make a finding of mental incompetence by clear and convincing evidence that the person is unable to communicate, with or without accommodations, an interest in participating in the voting process. This bill is a recommendation of the Disability Commission and is currently scheduled to be heard by the Senate Committee on Rehabilitation and Social Services
dLCV supports the right of people to be able to vote. We support independence, choice, and self-determination for people with disabilities.
dLCV seeks to advance independence, choice, and self-determination; protect legal, human, and civil rights; and eliminate abuse, neglect, and discrimination of people with disabilities. We do this through zealous and uncompromising legal advocacy and representation. We are available to educate policymakers about the potential impact of legislative proposals. Please let us know of any legislative proposals or budget issues that you think we should be following. Contact us at info@dlcv.org or by calling 800-552-3962 or 804-225-2042.