The disAbility Law Center of Virginia seeks to promote freedom from abuse and neglect for Virginians with disabilities, as well as promoting independence and self-determination. One of the greatest expressions of independence and self-determination is the ability to vote. dLCV is monitoring any legislative efforts that might limit that right and is supporting the efforts that will strengthen that right. Some that would enhance the right to vote include:
- SJ 248 (Locke) and HJ 2 (Bennett-Parker) are proposals for an 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 needing 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. We expect that Delegate Tran will introduce a similar bill in the House.
Some bills of concern to us include:
- SB 764 (McDougle), SB 1070 (Peake), and HB 1652 (Wyatt) – would require all voters to have a picture identification. Some people with disabilities, especially those who don’t drive, do not have access to photo identification. The bill would repeal the current law that allows a voter who does not have identification to vote after signing a statement that they are the named registered voter he claims to be. All bills are in the respective committees on Privileges and Elections.
dLCV’s 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 policymakers about the potential impact of legislative proposals. Please let us know of any legislation that you think we should be following, by emailing ga@dlcv.org.