Incapacitated persons; finding of lack of capacity to understand act of voting.
What changed between versions
New section 64.2-2009.2 requires courts to make specific findings by clear and convincing evidence that a person lacks capacity to understand voting before disqualifying them from voting.
Courts must provide reasonable accommodations when assessing voting capacity and cannot use tests measuring reading, writing, education, or moral character to determine voting eligibility.
Added requirements for periodic review hearings in guardianship cases, with specific assessment criteria including changes in incapacity status.
Establishes July 1, 2025 as the effective date for new voting capacity protections, with provisions for reviewing prior disqualifications.
Updated court order requirements to include specific findings about voting disqualification when applicable.