Incapacitated persons; finding of lack of capacity to understand act of voting.

This legislation updates Virginia law regarding the voting rights of individuals declared legally incapacitated. Under current practice, a court's finding of incapacity can automatically result in the loss of voting privileges. This bill clarifies that a judge must specifically determine if an individual lacks the mental capacity to understand the nature and act of voting before those rights can be restricted. By narrowing the scope of these judicial findings, the bill aims to prevent the unnecessary disenfranchisement of citizens under guardianship. The likely effect is a more focused legal process that protects the constitutional right to vote for many Virginians with disabilities, ensuring that voter registration is only revoked when an individual truly lacks the capacity to participate in the electoral process.