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Virginia adults placed under guardianship or conservatorship would no longer automatically lose their voting rights under legislation backed by disability advocates and Northern Virginia residents.
State Sen. Barbara Favola, a Democrat representing the 40th District, introduced Senate Bill 765 to require courts to consider voting rights separately when establishing a guardianship or conservatorship.
“People with differing abilities should have the same chance to participate in our democracy as everyone else,” Favola said. She noted that someone may need help managing finances without being unable to make an informed voting decision.
The bill was prefiled in December and referred to the Senate Committee on Rehabilitation and Social Services, which Favola chairs.
Several speakers urged lawmakers to support the measure during a Jan. 4 hearing held by Fairfax County’s General Assembly delegation.
Conner Cummings, a disability advocate and citizen representative on the Virginia Disability Commission, told legislators that needing assistance in some areas should not cost someone the right to vote. Cummings, who is on the autism spectrum, said he studies the candidates and values voting as a way to make his voice heard.
The Virginia Disability Commission supports Favola’s proposal.
Dennis Findley, a McLean resident and guardian for his adult son, also spoke in favor of the bill. Findley said he was surprised to discover that his son lost his voting rights when the guardianship was approved, even though his son works two jobs, including one on Capitol Hill, and understands the meaning of voting.
Findley said he hired an attorney and returned to court to challenge the loss of those rights.
Favola said similar accounts from individuals and The Arc of Northern Virginia revealed the surprise and disappointment people experienced after learning that a guardianship or conservatorship had made them ineligible to vote.
Under SB 765, a court would have to determine whether an individual has an interest in voting before removing that right. The legislation would prohibit “poll test” questions and require courts to provide appropriate accommodations when needed for someone to communicate that interest.
Virginia courts may appoint guardians or conservators for adults found mentally incompetent and in need of assistance processing information, addressing health and safety needs, or managing finances. Guardians generally oversee personal matters such as health care and education, while conservators handle financial affairs.
The General Assembly had been scheduled to begin its 2025 session on Wednesday but recessed until Monday, Jan. 13, because Richmond lacked water service.
If the legislation passes and is signed by Gov. Glenn Youngkin, it will take effect July 1. People who previously lost their voting rights because of a guardianship or conservatorship would then be able to petition a court to have them restored.