VA SB34

Requires courts to make a specific finding by clear and convincing evidence that a person lacks the capacity to understand the act of voting before disqualifying them from voting, rather than automatically linking incapacity determinations to voting disqualification.

Mandates that reasonable accommodations appropriate to a person's diagnosis or condition must be provided before a court can find them disqualified to vote due to lack of capacity.

Prohibits courts from using tests or devices that evaluate a person's ability to read or write, educational achievement, knowledge of particular subjects, or moral character when determining voting capacity.

Allows individuals deemed disqualified to vote prior to July 1, 2026, to petition for review of that determination under the new standards, with automatic review at their next periodic guardianship hearing if no petition is filed.

Updates terminology throughout Virginia Code from "mentally incompetent" to "lacks the capacity to understand the act of voting" and requires court orders to specifically state whether a person has been found disqualified to vote.