Voting rights bill for adults in guardianships gets support from local residents

By Scott McCaffrey

Under current Virginia law, adults placed into a guardianship or conservatorship are automatically deemed ineligible to vote. One Northern Virginia legislator, backed by a key advocacy group and a number of affected individuals, is working to change that.

State Sen. Barbara Favola (D-40) has introduced legislation that would eliminate the automatic stripping of voting rights of those who come under a guardianship.

“People with differing abilities should have the same chance to participate in our democracy as everyone else,” Favola told FFXnow. “Many people may require a guardian or conservator simply because they need assistance in managing their finances, but this should not mean that an individual is not competent to vote.”

Prefiled in December, Favola’s Senate Bill 765 has been referred to the Senate Committee on Rehabilitation and Social Services. It should receive a sympathetic hearing there, as Favola chairs that committee.

At a legislative hearing hosted by Fairfax County’s delegation to the General Assembly on Saturday (Jan. 4), a number of speakers pressed lawmakers to back the bill.

Among them was Conner Cummings, an advocate for those with disabilities and a citizen representative on the Virginia Disability Commission, a state-government panel that’s supportive of Favola’s bill.

“We may need assistance in certain areas … but if we want to vote, please don’t take that away from us,” said Cummings, who is on the autism spectrum.

“I love to vote,” he told legislators. “I learn about each candidate. Voting allows us to have a voice, to be heard.”

Also speaking in support of the Favola measure was Dennis Findley, a McLean resident who serves as a guardian for his adult son.

Findley said he was taken aback when he learned that his son — who holds down two jobs, including one on Capitol Hill — lost his voting rights when the guardianship was approved.

“My son fully understands what voting means,” Findlay said, sharing that he had to hire an attorney and go back to court to contest the action.

According to Favola, Findlay’s situation is not unique.

“The ARC of Northern Virginia and others shared stories with me about the surprise and disappointment individuals have suffered when they learned they had lost their right to vote,” she said.

Favola’s bill, if passed, would require courts to determine if an individual covered by a guardianship or conservatorship has an interest in voting, and only remove voting rights after a formal determination is made on the matter.

“Moreover, my bill would prohibit the use of ‘poll test’ questions and would require that the court provide an individual with access to appropriate accommodations, if such accommodations are necessary for the individual to communicate their interest in voting,” Favola told FFXnow.

Virginia law allows courts to appoint a guardian or conservator for adults who have been found “mentally incompetent,” meaning they’re unable to process information effectively to the point where they need assistance to address their own health and safety needs and to manage finances.

Guardians are appointed to manage personal affairs, such as a person’s health care and education, while conservators handle financial affairs.

Originally scheduled to start its 2025 session today (Wednesday), the General Assembly is instead recessing until Monday, Jan. 13 due to a lack of water service in Richmond.

If passed and signed by Gov. Glenn Youngkin, Favola’s measure would go into effect July 1. Under its provisions, those who lost their voting rights in the past because they’re under a guardianship or conservatorship would be able to file a court petition to regain them.

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Voting rights bill for adults in guardianships gets support from local residents