Panel approves bill requiring individualized court findings before stripping voting rights under guardianship

On behalf of Delegate Kathy Tran, a presenter described HB 1014, which would require courts to make a specific, individualized finding — supported by clear and convincing evidence — that a person lacks the capacity to understand the act of voting before that person's voting rights may be removed due to guardianship or conservatorship.

Advocates from AARP Virginia, the Virginia Board for People with Disabilities, the Disability Law Center of Virginia, the League of Women Voters and disability-rights organizations testified in support, saying the bill protects due process and prevents surprise disenfranchisement when guardianship orders are entered for financial or other limited purposes. "The mere fact of an appointment can't constitute incapacity for voting purposes," Chris Kaiser of the Disability Law Center said.

There were questions about whether the bill would require separate hearings; presenters and counsel said individualized findings can be made in the same evidentiary proceeding and the bill provides a process for individuals previously adjudicated to seek review. The subcommittee reported HB 1014 by a recorded vote of 6–2.