The disAbility Law Center of Virginia seeks to promote independence and self-determination for people with disabilities. One of the greatest expressions of independence and self-determination is the ability to vote. It is our commitment that no one should lose the right to vote arbitrarily. People who need the assistance of guardians should not automatically lose their right to vote. Unfortunately, in Virginia, guardianship orders routinely strip away voting rights.
The 2026 legislature will be revisiting proposals to protect the voting rights of people with disabilities. One proposal that passed last year was vetoed by the Governor. It has been re-introduced this year with greater hope for passage. A second proposal is for a constitutional amendment, which did pass last year and was not subject to veto. However, resolutions calling for constitutional amendments have to be introduced and passed in two different years, so this will be the second year for that resolution.
Last year’s resolutions, from Senator Locke and Delegate Bennett-Parker, called for a constitutional amendment stating 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. Both the Senate resolution and the House resolution passed, and have been re-introduced this year. We expect that HJ2 (Bennett-Parker) and SJ2 (Locke) will be heard the in the respective Committees on Privileges and Elections.
Senator Favola and Delegate Tran introduced legislation last year that sought to fix the issue without the need for a constitutional amendment. Their proposals provided that finding someone to be in need of a guardianship is not the same thing as finding that they are mentally incompetent for the purpose of voting. The bills required a court to make a finding of mental incompetence by clear and convincing evidence that the person does not understand the act of voting. The Senate bill did not pass, but the House version did, and was then vetoed by Governor Youngkin.
Senator Favola has reintroduced the bill, as SB 34. We expect a house version to be offered as well.
Our mission is to advance independence, choice and self-determination; protect legal, human and civil rights; and eliminate abuse, neglect and discrimination of people with disabilities through zealous and uncompromising legal advocacy and representation. We are available to educate policy makers about the potential impact of legislative proposals. Please let us know of any legislation that you think we should be following, by emailing us at ga@dlcv.org