CHAPTER 443
An Act to amend and reenact §§ 24.2-232 , 24.2-410 , 64.2-2000 , 64.2-2003 , 64.2-2009 , and 64.2-2009.1 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 64.2-2009.2 , relating to incapacitated persons; finding of lack of capacity to understand act of voting.
[S 34]
Approved April 8, 2026
Be it enacted by the General Assembly of Virginia:
1. That §§ 24.2-232 , 24.2-410 , 64.2-2000 , 64.2-2003 , 64.2-2009 , and 64.2-2009.1 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 64.2-2009.2 as follows:
§ 24.2-232 . Vacancy occurring when officer adjudicated to lack capacity to understanding voting.
A person who is determined to be incapacitated in a judicial proceeding as provided for in Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2 shall be deemed for purposes of Article II, Section 1 of the Constitution of Virginia and this title to be "mentally incompetent" as that term is used in those provisions. The office of any person who is so determined to be incapacitated, adjudicated to lack the capacity to understand the act of voting in a judicial proceeding as provided for in Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2 shall become vacant and the vacancy filled in the manner provided by law. Notwithstanding the provisions of Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2, however, any officer shall have a jury trial unless it is waived by him or for him by his counsel of record.
§ 24.2-410 . Clerks of circuit courts to furnish lists of certain adjudications.
The clerk of each circuit court shall furnish monthly to the Department of Elections a complete list of all persons adjudicated incapacitated to lack the capacity to understand the act of voting pursuant to Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2 or whose incapacity lack of capacity to understand the act of voting has been recognized pursuant to § 64.2-2115 , and therefore "mentally incompetent" for purposes of this title unless the court order specifically provides otherwise, during the preceding month or a statement that no adjudications have occurred that month. The list shall contain each such person's name; address; county, city, or town of residence; social security number, if any; date and place of birth; and date of adjudication. The Commissioner of Elections and the Executive Secretary shall determine the procedure for furnishing such lists, which may be by electronic means. The Department shall transmit the information from the list to the appropriate general registrars.
§ 64.2-2000 . Definitions.