SB 765 Virginia Senate · 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 the act of voting. Provides that no person shall be deemed disqualified to vote due to lack of capacity for the purposes of Article II, Section 1 of the Constitution of Virginia unless the court makes a specific finding by clear and convincing evidence that such person lacks the capacity to understand the act of voting. The bill allows any person deemed disqualified to vote due to lack of capacity prior to July 1, 2025, to file a petition for a court to review such determination in accordance with the provisions of the bill. The bill also requires the report of a guardian ad litem in a guardianship or conservatorship to include whether the respondent lacks the capacity to understand the act of voting. As introduced, this bill was a recommendation of the Disability Commission.
Bill status passed 3 of 5 stages cleared
Introduction
Dec 2024
Committee Review
Feb 2025
Senate Passage
Feb 2025
House of Delegates Passage
Governor
Introduced Dec 16, 2024 Last action Feb 18, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Courts of Justice Substitute · 4 edits
MODERATE
This bill was amended by the Senate Courts of Justice Committee to add a new section requiring circuit court clerks to provide monthly lists of adjudicated incapacitated persons to the Department of Elections. The amendment also updated the bill's title and scope to include § 24.2-410 and § 64.2-2003, and changed the description of the new 64.2-2009.2 section from 'finding of mental incompetence' to 'finding of lack of capacity to understand act of voting.'
Scope change
The bill's scope was expanded to include additional Code sections (§ 24.2-410 and § 64.2-2003) that were not in the original version, and the purpose of the new 64.2-2009.2 section was narrowed to specifically address voting capacity rather than general mental incompetence.
REQUIREMENT

Added requirement for circuit court clerks to furnish monthly lists of adjudicated incapacitated persons to the Department of Elections for voter registration purposes.

ELIGIBILITY

Changed the title and description of the new 64.2-2009.2 section to focus specifically on 'lack of capacity to understand act of voting' rather than general 'mental incompetence.'

SCOPE

Expanded the bill's scope to include amendments to § 24.2-410 and § 64.2-2003 in addition to the original sections.

TECHNICAL

Updated bill metadata including bill number (25104745D), session date, and committee attribution from 'Rehabilitation and Social Services' to 'Courts of Justice Substitute.'

Floor votes · Senate Jan 31, 2025

How they voted

390
Passed · 1 other
Total votes 40
Jan 31, 2025
D Democratic21
21 Yea
100% Yea
R Republican19
18 Yea 1
94% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
18
Key actions
3
Committee
4
Feb 7, 2025
Committee
Referred to Committee for Courts of Justice
lower
Feb 4, 2025
Upper · Passed
Read third time and passed Senate (39-Y 0-N 1-A)
upper
Jan 31, 2025
Upper · Passed
Passed by for the day
upper
Jan 29, 2025
Upper · Passed
Reported from Courts of Justice with substitute (10-Y 2-N 3-A)
upper
Jan 17, 2025
Committee
Rereferred from Rehabilitation and Social Services to Courts of Justice (14-Y 0-N)
upper
Dec 16, 2024
Committee
Referred to Committee on Rehabilitation and Social Services
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Barbara Favola
Barbara Favola
DDemocratic
VA
40