Fabio
107 lines
6.7 KiB
Markdown
107 lines
6.7 KiB
Markdown
---
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type: "Bill"
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title: "Incapacitated persons; finding of lack of capacity to understand act of voting."
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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."
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jurisdiction: "us/states/va"
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legislature: "Virginia General Assembly"
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session: "2026"
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identifier: "SB 34"
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citation: "Virginia SB 34 (2026)"
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classification: ["bill"]
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subjects: []
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status: "enacted"
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primary_sponsors: ["Barbara A. Favola"]
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version_count: 5
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action_count: 38
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vote_count: 8
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first_action: "2025-11-19"
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last_action: "2026-04-08"
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source: "openstates"
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source_identifier: "ocd-bill/762fb466-5909-4bc8-abf7-6e33ea027ced"
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source_url: "https://lis.virginia.gov/bill-details/20261/SB34"
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source_hash: "756a47578476738fbc91c91b047f2bbe1f37471abc8a2a5796ecd5987b485adb"
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vintage: "2026-07-01"
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source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
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retrieved_at: "2026-07-06"
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confidence: "reported"
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tags: ["legislation", "bill", "us-va"]
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---
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# Virginia SB 34 (2026) — Incapacitated persons; finding of lack of capacity to understand act of voting.
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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.
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## Version chain
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The bill's text revisions, in order — the diff chain from filing to enrollment.
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1. **Introduced** (filed) — [source](https://lis.blob.core.windows.net/files/1081381.PDF)
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2. **Chaptered** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1217942.PDF)
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3. **Finance and Appropriations Substitute** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1145766.PDF)
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4. **Privileges and Elections Substitute** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1185543.PDF)
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5. **Enrolled** (enrolled) — [source](https://lis.blob.core.windows.net/files/1202377.PDF)
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## Votes
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- Reported from Privileges and Elections with substitute — **15–6** (pass) · lower
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- Reported from Courts of Justice — **14–1** (pass) · upper
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- Rereferred from Privileges and Elections — **14–0** (pass) · upper
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- Constitutional reading dispensed R — **40–0** (pass) · upper
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- Reported from Finance and Appropriations with substitute — **15–0** (pass) · upper
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- Passage R — **37–1** (pass) · upper
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- Concur House Substitute R — **24–16** (pass) · upper
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- H VOTE: — **65–34** (pass) · lower
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## Sponsors
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- Barbara A. Favola — primary (person)
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- Kannan Srinivasan — cosponsor (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2025-11-19** Prefiled and ordered printed; Offered 01-14-2026 26100162D `filing, introduction`
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- **2025-11-19** Referred to Committee on Privileges and Elections `referral-committee`
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- **2026-01-20** Rereferred from Privileges and Elections to Courts of Justice (14-Y 0-N) `referral-committee`
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- **2026-01-27** Fiscal Impact Statement from Department of Planning and Budget (SB34)
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- **2026-02-04** Reported from Courts of Justice and rereferred to Finance and Appropriations (14-Y 1-N) `committee-passage`
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- **2026-02-11** Reported from Finance and Appropriations with substitute (15-Y 0-N) `committee-passage`
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- **2026-02-12** Rules suspended
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- **2026-02-12** Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A)
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- **2026-02-12** Passed by for the day Block Vote (Voice Vote)
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- **2026-02-13** Committee substitute printed 26107752D-S1 `substitution`
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- **2026-02-13** Read second time `reading-2`
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- **2026-02-13** Finance and Appropriations Substitute agreed to
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- **2026-02-13** Engrossed by Senate - committee substitute (Voice Vote) `substitution`
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- **2026-02-16** Read third time and passed Senate (37-Y 1-N 0-A) `passage, reading-3`
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- **2026-02-17** Fiscal Impact Statement from Department of Planning and Budget (SB34)
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- **2026-02-19** Placed on Calendar
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- **2026-02-19** Read first time `reading-1`
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- **2026-02-19** Referred to Committee on Privileges and Elections `referral-committee`
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- **2026-02-20** House committee offered
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- **2026-02-26** House committee offered
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- **2026-02-27** Reported from Privileges and Elections with substitute (15-Y 6-N) `committee-passage`
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- **2026-02-27** Committee substitute printed 26108489D-H1 `substitution`
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- **2026-03-03** Read second time `reading-2`
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- **2026-03-04** Read third time `reading-3`
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- **2026-03-04** committee substitute agreed to `substitution`
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- **2026-03-04** Engrossed by House - committee substitute `substitution`
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- **2026-03-04** Passed House with substitute (65-Y 34-N 0-A) `passage`
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- **2026-03-06** House substitute agreed to by Senate (24-Y 16-N 0-A) `substitution`
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- **2026-03-06** Fiscal Impact Statement from Department of Planning and Budget (SB34)
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- **2026-03-12** Enrolled `enrolled`
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- **2026-03-12** Bill text as passed Senate and House (SB34ER) `passage`
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- **2026-03-12** Fiscal Impact Statement from Department of Planning and Budget (SB34)
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- **2026-03-12** Signed by Speaker `passage`
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- **2026-03-12** Signed by President `passage`
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- **2026-03-14** Enrolled Bill communicated to Governor on March 14, 2026 `enrolled, executive-receipt`
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- **2026-03-14** Governor's Action Deadline 11:59 p.m., April 13, 2026 `executive-receipt`
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- **2026-04-08** Approved by Governor-Chapter 443 (effective 7/1/2026) `executive-signature`
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- **2026-04-08** Acts of Assembly Chapter text (CHAP0443)
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## Source
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OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/762fb466-5909-4bc8-abf7-6e33ea027ced`. Confidence: reported (aggregated from official Virginia legislature records).
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