Disabled Virginians under guardianship may be able to vote under a new law waiting for Governor Abigail Spanberger’s signature.
Republicans, including former Governor Glenn Youngkin criticized the effort, but advocates say Virginia will join dozens of other states in allowing the right if Governor Abigial Spanberger signs it.
“We should not have incapacitated people that don’t know what’s going on around them voting,” said Amherst County Republican Delegate Tim Griffin speaking against an effort by Fairfax area Democrat Delegate Kathy Tran that would ask courts to make an additional finding, one of their competencies to vote, when someone is put under guardianship.
“Maybe they can’t take care of their financial responsibilities on their own, maybe they’re not able to make their medical decisions," Tran responded on the House floor. "But to recognize their humanity and to see if they still have that ability and the capacity to have a voice in our democracy.”
According to the American Bar Association, Virginia isn’t the only state that forbids voting by those under a guardianship, but it is among few states with no exceptions to the rule. Democrats sent the same bill to Youngkin last year, but he cited a section of the Virginia Constitution that says, "no person adjudicated to be mentally incompetent shall be qualified to vote until his competency has been reestablished,” when he vetoed the effort.
Advocates for the disabled community say it's a wrong that’s long been in need of correction. Tony Milling is with the Arc of Virginia. While she understands philosophical debate on the issue, she said sweeping bans rob those under guardianship of any political voice.
“There are many kinds of decisions we make in life, medical, financial," Milling told Radio IQ. "And it doesn’t mean we’re not able to look at this issue and make the decision that’s important to use.”
Grey Persons, also with Arc, put it this way:
“I don’t know anyone who has more skin in the game than people with disabilities.”
The effort got some Republican support in the Senate before it was sent to the governor’s desk. Spanberger has until April 13 to sign, veto or amend the measure.
