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SB34Introduced in the Senate

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

Passed

Introduced by Barbara Favola, District 40

What does this bill do?

Plain-English breakdown

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Official description

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 lacks the capacity to understand the act of voting and therefore is 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. This bill is identical to HB 1014.

Where it stands

Acts of Assembly Chapter text (CHAP0443)

April 8, 2026

How did lawmakers vote?

House of Delegates votes

2 recorded votes · each counted separately

Senate votes

6 recorded votes · each counted separately

SenateStage: House substitute agreed to by Senate (24-Y 16-N 0-A) · March 6, 2026

24

Yes

16

No

0

Absent or Not Voting

40 senators recorded in this Senate vote. Colors show vote categories only, not whether a vote was good or bad.

See how each senator voted

SenatorDistrictVote
Elizabeth Bennett-Parker5Yes
Michael Jones77Yes
Timmy French1No
Mark Obenshain2No
Chris Head3No
David Suetterlein4Yes
Travis Hackworth5No
Todd Pillion6No
William Stanley7No
Mark Peake8No

Bill history

  1. Prefiled and ordered printed; Offered 01-14-2026 26100162D

  2. Referred to Committee on Privileges and Elections

  3. Rereferred from Privileges and Elections to Courts of Justice (14-Y 0-N)

  4. Fiscal Impact Statement from Department of Planning and Budget (SB34)

  5. Reported from Courts of Justice and rereferred to Finance and Appropriations (14-Y 1-N)

  6. Reported from Finance and Appropriations with substitute (15-Y 0-N)

  7. Rules suspended

  8. Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A)

  9. Passed by for the day Block Vote (Voice Vote)

  10. Committee substitute printed 26107752D-S1

  11. Read second time

  12. Finance and Appropriations Substitute agreed to

  13. Engrossed by Senate - committee substitute (Voice Vote)

  14. Read third time and passed Senate (37-Y 1-N 0-A)

  15. Fiscal Impact Statement from Department of Planning and Budget (SB34)

  16. Placed on Calendar

  17. Read first time

  18. Referred to Committee on Privileges and Elections

  19. House committee offered

  20. House committee offered

  21. Reported from Privileges and Elections with substitute (15-Y 6-N)

  22. Committee substitute printed 26108489D-H1

  23. Read second time

  24. Read third time

  25. committee substitute agreed to

  26. Engrossed by House - committee substitute

  27. Passed House with substitute (65-Y 34-N 0-A)

  28. House substitute agreed to by Senate (24-Y 16-N 0-A)

  29. Fiscal Impact Statement from Department of Planning and Budget (SB34)

  30. Enrolled

  31. Bill text as passed Senate and House (SB34ER)

  32. Fiscal Impact Statement from Department of Planning and Budget (SB34)

  33. Signed by Speaker

  34. Signed by President

  35. Enrolled Bill communicated to Governor on March 14, 2026

  36. Governor's Action Deadline 11:59 p.m., April 13, 2026

  37. Approved by Governor-Chapter 443 (effective 7/1/2026)

  38. Acts of Assembly Chapter text (CHAP0443)

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