Sharelle Burt
August 22, 2024
Let’s hope this is the last time…
The Texas Supreme Criminal Court has agreed to rehear the case of Crystal Mason, a Black woman who was sentenced to five years in prison for attempting to illegally vote during the 2016 presidential election, The Guardian reported.
The announcement was made on Aug. 21, the same day the case garnered national attention eight years ago. At the time, Mason was on probation, a type of probation, for a felony federal tax charge. Texas law prohibits people convicted of a felony from voting until they have served their sentence. When Mason arrived at his polling place, officials could not find his name on the roll of registered voters, so he was given a provisional ballot. A provisional ballot is a special type of ballot required by federal law when there is uncertainty about a voter’s eligibility.
Those votes are only counted if the person is later confirmed to be eligible to vote. Mason’s vote was not counted.
Mason’s probation officer testified that he did not tell her she could not vote, but prosecutors argued that Mason tried to vote despite knowing she was ineligible.
According to WFAA 8, the 2nd Circuit Court of Appeals in Fort Worth, Texas, overturned her conviction in March 2024. The court argued that there was evidence proving that Mason may not have been aware of the disqualification that comes with a felony conviction at the time of her conviction. Tarrant County District Attorney Phil Sorrells argued that she committed the crime and challenged her acquittal. However, when the case came back to court, at the time, the court was ordered to reconsider the case.
This is the second time the case has gone to court, and Mason hopes it will be the last. “I look forward to this case being over and the acquittal being finalized, but I remain confident that justice will be served,” Mason said in a statement. Her lawyers agree. Mason is represented by a large team that includes the American Civil Liberties Union of Texas, the American Civil Liberties Union National Chapter, the Texas Civil Rights Project, criminal attorney Allison Grinter Allen, and civil attorney Kim T. Cole, and Cole “remains confident.” “We respect the decision of the Court of Criminal Appeals to further review this case,” said Tommy Buser Clancy, senior staff attorney for the Texas Civil Liberties Union.
“We believe the Court of Appeal made the right decision to set aside Mr. Mason’s conviction and grant his acquittal, and we look forward to explaining our position to the court.”
But Sorrells has not changed his stance on the appeals ruling. “I want those seeking to vote illegally to know that we are watching,” Sorrells said in a statement in May 2024. “And we will follow the law and prosecute those who vote illegally.”
The trial is proceeding without oral argument and a date has not yet been set, but Allen believes it will be a victory for other inmates who are afraid to go to the polls. “I believe the court will uphold Crystal’s acquittal and there will come a day when all Texans can feel confident in their right to vote and go to the polls without the fear that a mistake or misunderstanding could land them in prison,” Allen said.
Related content: Lucinda Cross, a black woman who helps inform former inmates about their voting rights
