HB 2746 Virginia House of Delegates · 2025 Regular Session

Incapacitated persons; finding of lack of capacity to understand act of voting.

Summary
Incapacitated persons; finding of lack of capacity to understand act of voting. Provides that a finding that a person is incapacitated in a proceeding for guardianship or conservatorship shall not be synonymous with a finding that such person is "mentally incompetent," as such term is used in relevant law, and therefore not qualified to vote in accordance with the provisions of the Constitution of Virginia. The bill provides that no person shall be deemed disqualified to vote due to a lack of capacity for the purposes of the Constitution of Virginia unless a court makes a specific finding by clear and convincing evidence that such person lacks the capacity to understand the act of voting.
Bill status vetoed 4 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Feb 2025
House of Delegates Passage
Feb 2025
Senate Passage
Feb 2025
Vetoed
Mar 2025
Introduced Jan 17, 2025 Vetoed Mar 24, 2025
Maddy AI version diff · 3 comparisons

What changed between versions

Courts of Justice Subcommittee Substitute Courts of Justice Substitute · 5 edits
MODERATE
This bill amends Virginia's incapacitated persons laws to add specific protections for voting rights, requiring courts to make explicit findings before disqualifying someone from voting due to lack of capacity. It also establishes new periodic review requirements and clarifies the relationship between guardianship orders and voting eligibility.
Scope change
The bill expands protections for incapacitated persons' voting rights by requiring specific judicial findings rather than automatic disqualification based on guardianship status.
ELIGIBILITY

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.

REQUIREMENT

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.

TIMELINE

Establishes July 1, 2025 as the effective date for new voting capacity protections, with provisions for reviewing prior disqualifications.

DEFINITION

Updated court order requirements to include specific findings about voting disqualification when applicable.

Floor votes · Senate Feb 11, 2025 · House of Delegates Feb 4, 2025

How they voted

400
Passed
Total votes 40
Feb 11, 2025
D Democratic21
21 Yea
100% Yea
R Republican19
19 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
29
Key actions
8
Committee
5
Apr 3, 2025
Vetoed
House sustained Governor's veto
lower
Mar 24, 2025
Vetoed
Vetoed by Governor
executive
Feb 20, 2025
Upper · Passed
Signed by President
upper
Feb 17, 2025
Lower · Passed
Signed by Speaker
lower
Feb 17, 2025
Lower · Passed
Bill text as passed House and Senate (HB2746ER)
lower
Feb 12, 2025
Upper · Passed
Passed Senate (39-Y 0-N)
upper
Feb 11, 2025
Upper · Passed
Passed by for the day
upper
Feb 10, 2025
Upper · Passed
Reported from Courts of Justice (13-Y 0-N)
upper
Feb 5, 2025
Committee
Referred to Committee for Courts of Justice
upper
Feb 4, 2025
Lower · Passed
Read third time and passed House (59-Y 39-N)
lower
Jan 31, 2025
Lower · Passed
Reported from Courts of Justice with substitute (14-Y 6-N)
lower
Jan 28, 2025
Committee
Assigned Courts sub: Civil
lower
Jan 17, 2025
Committee
Referred to Committee for Courts of Justice
lower
Jan 17, 2025
Introduced
Presented and ordered printed 25104774D
lower
1 primary · 6 co-sponsors

Sponsors