A Texas appeals court has recently overturned the conviction of Crystal Mason for illegal voting. Crystal Mason had been sentenced to five years in prison for casting a provisional ballot during the 2016 election while on supervised release for federal tax evasion.
The Second Court of Appeals in Tarrant County has made a significant decision, formally acquitting her of the felony voting charge. According to the court, there was no evidence to suggest that Mason was aware of her ineligibility to vote at the time she cast her ballot. This crucial condition must be met in order to convict someone of illegal voting.
Throughout the seven-year case, Mason consistently asserted that she was unaware of her ineligibility and would not have taken such a risk if she had known. In a statement released on Thursday, she expressed the devastating impact that the prolonged legal battle, which garnered global attention, had on her.
“I couldn’t be happier to witness my faith finally being rewarded,” Mason expressed with elation. “I was thrust into this battle for voting rights and I will continue to fight relentlessly to ensure that no one else experiences the hardships I have endured for over six years. It’s disheartening to witness a political maneuver that specifically targets the voting rights of minorities.”
Mason, who is Black, found himself at the center of a political storm as the Republican-led crackdown on voter fraud gained momentum. This crackdown was fueled in part by unsubstantiated allegations of widespread illegal voting.
“I have shed tears and offered prayers every night for more than six consecutive years, desperately hoping to retain my freedom as a Black woman,” Mason expressed. “I deeply appreciate the unwavering dedication and support of all those who have stood by me during this challenging period, and I eagerly anticipate rejoicing in this momentous occasion alongside my loved ones and cherished friends.”
The Texas Court of Criminal Appeals directed the Second Court of Appeals to assess the adequacy of evidence against Mason after initially affirming her conviction. The higher court acknowledged an error in the lower court’s failure to establish that Mason had actual knowledge that voting while on supervised release was a criminal offense.
Thomas Buser-Clancy, senior staff attorney for the ACLU of Texas, expressed his relief for Ms. Mason, who had been living in uncertainty for an extended period. He emphasized that she should not have faced the possibility of imprisonment and being separated from her family for five years simply for fulfilling her civic duty. Buser-Clancy acknowledged that the harms caused by the criminal prosecution could never be fully undone. However, he viewed this decision as a vindication for Ms. Mason and a victory for democracy. Buser-Clancy emphasized the importance of people fearlessly engaging in the civic process for the democracy to thrive.
In 2016, Mason encountered an issue when she realized she wasn’t listed on the voter roll. Seeking guidance from a poll worker, she decided to submit a provisional ballot for the presidential election. Unfortunately, her ballot was rejected due to her ineligibility to participate in elections while under supervised release for a federal tax fraud conviction. Consequently, a few months later, she was apprehended.
Mason’s prosecution relied on an affidavit she had signed prior to casting her provisional ballot. The affidavit mandated individuals to affirm that they had fulfilled all their punishment, including any incarceration, parole, supervision, or probation, or had received a pardon if they were a felon.
The court expressed its disagreement with interpreting the statute in a way that would hold a person guilty, even if they are not aware that the person they are voting for is ineligible. According to the court, such an interpretation goes against the intention of the Legislature. It would essentially transform the knowledge requirement into a negligence scheme, where a person can be found guilty for not taking reasonable care to ensure their eligibility to vote.
The Tarrant County court recognized the decision made on Thursday.
According to the decision, it is stated that the evidence presented in this case is not enough to prove that Mason knowingly voted while being ineligible to do so. Therefore, the decision concludes that her conviction for illegal voting cannot be supported.
Tarrant County prosecutors have emphasized that they are not intending to criminalize individuals who accidentally vote. They have clarified that the case against Mason is centered around her intent and the fact that she knowingly signed the affidavit, which they believe acknowledges her own ineligibility.
According to the Tarrant County decision, the State relied heavily on the fact that Mason read the words on the affidavit as their primary evidence. However, even if she did read them, they are not enough to prove beyond a reasonable doubt that she knew she was ineligible to vote by casting a provisional ballot while on supervised release after serving her entire federal sentence of incarceration.
