The disAbility Law Center of Virginia is monitoring any legislative efforts that might limit the right to vote by people with disabilities 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 Senate resolution has been approved by the full Senate and now passes to the House for consideration. The House resolution was likewise approved by the full House and now passes to the Senate. If each house approves the resolution, the resolution must be approved again in the 2026 session before it can go to the ballot.
- SB 765 (Favola) and HB 2746 (Tran) seek to fix the issue without the need for 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 does not understand the act of voting. The original bill is a recommendation of the Disability Commission. The Senate bill was approved by the Senate Courts of Justice and now moves to the full Senate. The House bill was approved by the House Courts civil subcommittee and will be considered by the full House Courts committee on Friday.
Some bills that concerned us have been defeated:
- SB 764 (McDougle), SB 1070 (Peake), and HB 1652 (Wyatt) – would have required all voters to have a picture identification. Some people with disabilities, especially those who do not drive, do not have access to photo identification. The bill would have repealed the current law that allows a voter who does not have identification to vote after signing a statement that they are the named registered voter he claims to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. The Senate bills were “passed by indefinitely” and the House bill was recommended to be tabled by a subcommittee of Privileges and Elections.
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.
dLCV is available to educate policymakers about the impact of ongoing legislation on people with disabilities. If you know of something we should be following, please let us know at ga@dlcv.org.