NLJ Publishes McGinn, Shore Article on Felons’ Right to Vote

The National Law Journal has published “Convicted Felons Are Still Denied the Right to Vote. Here's What Lawyers Can Do About It.,” an article by Akin Gump lawyers Amanda McGinn and Zara Shore.

The article notes that more than six million Americans were deprived of the right to vote in the 2018 midterm elections due to felony disenfranchisement. The authors note that the right to vote for convicted felons is a state-level issue, with only D.C., Maine and Vermont having no restrictions at all. They write, “Seventeen states have restrictions during incarceration; four have restrictions during incarceration and parole; 16 have restrictions during incarceration, parole and probation; and 11 have restrictions during incarceration, parole, probation and post-sentence.”

The result, they state, is that more than five million Americans, more than 40 percent of whom have already served their sentences, are disenfranchised due to a felony conviction, a burden that falls disproportionately on people of color. Further, even when those incarcerated do have the right to vote, there are many institutional obstacles, such as minimal access to the Internet, that impede their exercise of this right.

The authors discuss one case study, a client of theirs who had been denied parole three times despite an exemplary record. Although McGinn and Shore had begun working with their client on his parole matter, which then became a compassionate release case after the advent of COVID-19, they also took on the challenge of helping their client exercise his right to vote in the 2020 elections.

The article discusses the difficulties he and they encountered, difficulties mirrored throughout the penal system. The authors, based on this experience, spotlight three areas in which lawyers can assist.

To read the full article, click here.