Title 64.2. Wills, Trusts, and Fiduciaries
Chapter 20. Guardianship and Conservatorship
§ 64.2-2009.2. Finding of lack of capacity to understand act of voting.
A. No person shall be deemed disqualified to vote due to lack of capacity for the purposes of Article II, § 1 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. No court shall find a person disqualified to vote due to lack of capacity pursuant to this section based on the determination of a guardian ad litem in the report submitted in accordance with § 64.2-2003 without a showing that reasonable accommodation appropriate to such person's diagnosis or condition has been provided for the purpose of determining such person's capacity to understand the act of voting.
B. No court shall, in determining that a person lacks capacity pursuant to this section, consider the results of or such person's failure to complete or comply with any test or device that evaluates such person's (i) ability to read or write, (ii) educational achievement or knowledge of any particular subject, or (iii) moral character. For purposes of this subsection, medical reports or medical information shall not constitute such prohibited tests or devices.
C. Any person who was deemed disqualified to vote due to lack of capacity for the purposes of Article II, § 1 of the Constitution of Virginia prior to July 1, 2026, may petition the court that made such determination for the limited purpose of a review of such determination in accordance with the provisions of this section.
D. When a person who has been deemed disqualified to vote due to lack of capacity for the purposes of Article II, § 1 of the Constitution of Virginia prior to July 1, 2026, either in accordance with the provisions of this section or by a finding of incapacity without a court order to the contrary, has not filed a petition for a review of such determination of such person's lack of capacity to understand the act of voting, a review of such determination shall be conducted at such person's next periodic review hearing pursuant to § 64.2-2009 in accordance with the provisions of this section.
