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McCollough originally requested pro bono rep- vote in mid-September, he never received his ab-
resentation for a habeas corpus petition to challenge sentee ballot. Because of limitations on his ability to
the denial of “Superior Program Achievement” communicate outside the prison, he could not track
credit at his first parole hearing, which would have his ballot or contact the D.C. Board of Elections. It
made him eligible for parole sooner. But our repre- was not until five days prior to Election Day that
sentation did not stop there. Shortly after we filed we discovered his ballot was sent to his last known
the habeas petition, COVID-19 began to spread home address. We were not sure whether the new
throughout the United States and its prisons. ballot would arrive in time, given the slow mailing
As a result, D.C. passed legislation that permits system, which had been particularly delayed due to
the compassionate release of incarcerated indi- COVID-19 and prison lockdowns.
viduals who meet certain criteria. Given McCol- Fortunately, McCollough received his ballot and
lough’s age and underlying health conditions, as was able to postmark it on Nov. 2. Nevertheless,
well as his demonstration of full rehabilitation, we our partners at the Washington Lawyers’ Commit-
thought this law could be another potential avenue tee informed us the same difficulties were met by
for his release. Although our motion was denied countless other D.C. inmates without advocates.
because the court concluded his health conditions The individuals most impacted by the crimi-
were not sufficiently severe, the same legislation nal justice system are without the ability to make
made McCollough eligible to be considered for their voices heard, only perpetuating the systemic
parole in October 2020 instead of October 2021. racism and feelings of political apathy that Mc-
We immediately began preparing for his hearing, Collough discusses in his letter. Indeed, restoring
and this time McCollough was successful. voting rights can help promote reentry and lower
Once the excitement of the parole decision wore recidivism. This is where lawyers can assist.
off, we realized there was still a lot of work to do First, lawyers who represent convicted felons
in order to prepare McCollough for reentry. We should learn about their respective state’s laws,
needed to ensure he had safe housing, a plan for and advocate to ensure they are able to vote in the
reemployment, and social support networks in next election if permitted.
place. One of the issues that came up as we were Second, lawyers may take up lobbying efforts to
discussing reentry was McCollough’s right to vote, restore convicted felons’ rights to vote. This may in-
and he shared with us the struggles he was having clude lobbying to remove obstacles, such as Flori-
in exercising that newly acquired right. da’s legislation making restoration of voting rights
As background, prior to the passage of D.C.’s conditional on payment of all restitution, fees, and
legislation allowing inmates to vote, McCollough fines, or advocating for election infrastructure to
wanted desperately to participate in the demo- make voting accessible in prisons and jails.
cratic process. At the time, the only way he knew Third, lawyers may partner with grassroots
how was to write a “Letter to America” in which organizations to ensure prisons have adequate
he explained the circumstances of his first and systems for registering inmates who are eligible
only time voting and how his political views have to vote.
drastically changed throughout his incarceration: All attorneys have a role to play in ensuring
Based on his writings, you can imagine how ex- more Americans have and are able to exercise the
cited McCollough was when he learned he would right to vote prior to the next election.
have the opportunity to make his voice heard in ¦

this year’s election. But that excitement was quickly Amanda McGinn and Zara Shore are associates
followed by disappointment. Despite registering to at Akin Gump Strauss Hauer & Feld.

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