The disAbility Law Center of Virginia supports the rights of individuals with disabilities to be able to vote in a manner that is accessible, easily available, and private. We promote more accessible polling places and better options for early, mail-in, and curbside voting to enable as many to be able to vote as want to.
Here is the status of some bills on voting rights that we are following:
Curbside Voting
Some bills will expand the definition of eligible voters who may request a curbside ballot. Current law limits this option to those with physical disabilities or who are 65 or older.
The proposed legislation would allow for a voter with any kind of disability to request it.
- The Senate version, SB 605 (Subramanyam), was approved in committee and is now before the full Senate for approval.
- HB 441 (Bennett-Parker), HB 43 (Thomas), and HB 1222 (Higgins) will be heard in the House Committee on Privileges and Elections, but they have not yet been scheduled for a hearing.
Voter Identification Requirements
- SB 45 (Peake) SB 81 (McGuire), HB 26 (Reid) would allow voting only when someone can present identification with a photo. The proposals remove the current law that allows someone without a photo ID to sign a declaration of their identity. The Senate bills were defeated in the Senate Committee on Privileges and Elections. The House version has not yet been heard in committee
- HB 26 (Reid) states that acceptable identification to vote may include an ID card issued by a provider licensed by the Department of Health, Department of Social Services, Department of Medical Assistance Services, or Department of Behavioral Health and Developmental Services. The bill will be heard in the House Committee on Privileges and Elections.
Electronic Ballots
- HB 796 (Hope) requires that the Department of Elections establish an electronic transmission system through which a military or overseas voter or voter with a disability may request, receive, and return a ballot. The Department of Elections believes it will cost the state $1 million or more to do this. This will be heard in the House Committee on Privileges and Elections. If approved, it will need to be referred to Appropriations for inclusion in the budget.
Constitutional Amendments
- HJ 2 (Bennett-Parker) and SJ 2 (Locke) would amend the Virginia constitution to state that a person under guardianship must be found to be lacking the capacity to understand the act of voting before being deprived of the right to vote. Currently, the Constitution of Virginia presumes that any person under guardianship is not qualified to vote.
Because constitutional amendments have to be approved by the legislature in two different years, with a state election in between, the Senate has delayed voting on possible constitutional amendments until 2025. The House resolution is assigned to the House Committee on Privileges and Elections.
Please check back here regularly as we learn or more bills impacting voting rights. The disAbility Law Center of Virginia is available to educate policymakers about the potential impact of these and other legislative proposals. If you know of something you think we should be watching, please let us know at ga@dlcv.org or info@dlcv.org or by calling 1-800-552-3962 or 1-804-225-2042.