In a case that has prompted outrage from voting-rights activists for years, a Texas appeals court docket reversed itself on Thursday and acquitted a lady who had been sentenced to 5 years in jail for illegally casting a provisional poll within the 2016 election.
The choice got here two years after the Texas Court docket of Prison Appeals, the state’s highest prison court docket, dominated that the decrease appeals court docket, the Second Court docket of Prison Appeals, had misconstrued the unlawful voting statute underneath which Crystal Mason was discovered responsible in 2018.
Ms. Mason, 49, of Fort Value, had been charged with illegally voting within the 2016 common election by casting a provisional poll whereas she was a felon on probation. That poll was by no means formally counted, and Ms. Mason insisted that she didn’t know she was ineligible to vote and had acted on the recommendation of a ballot employee who stated she may solid the poll.
Ms. Mason, who has remained free on bond, appealed her conviction. In 2020, the Second Court docket of Appeals dominated that whether or not or not she knew she was ineligible to vote was “irrelevant to the prosecution.”
However in 2022, the Court docket of Prison Appeals disagreed and requested the decrease court docket to revaluate the case. It said that the prosecution needed to show past an inexpensive doubt that Ms. Mason, who had been on a three-year probation after serving a five-year sentence on a federal conspiracy cost, knew that her circumstances had made her ineligible to vote.
In its resolution to reverse her conviction and acquit her, the Second Court docket of Appeals stated that the prosecution didn’t have sufficient proof to show that she knew.
A replica of the ruling was supplied by the American Civil Liberties Union and the Texas Civil Rights Challenge.
“I used to be thrown into this struggle for voting rights and can maintain swinging to make sure nobody else has to face what I’ve endured for over six years, a political ploy the place minority voting rights are underneath assault,” Ms. Mason stated in an announcement Thursday. “I’ve cried and prayed each evening for over six years straight that I might stay a free Black girl.”
Thomas Buser-Clancy, an A.C.L.U. lawyer who represented Ms. Mason, referred to as her victory a win for democracy.
“We’re relieved for Ms. Mason, who has waited for too lengthy with uncertainty about whether or not she could be imprisoned and separated from her household for 5 years merely for making an attempt to do her civic obligation,” he stated.
The Tarrant County District Legal professional’s Workplace, which prosecuted the case in opposition to Ms. Mason, couldn’t be instantly reached for remark late Thursday evening.
Prosecutors argued that there was motive to consider that Ms. Mason had learn the provisional poll, which spells out voter eligibility necessities, and thus had identified she was committing against the law.
Ms. Mason’s conviction has been a flashpoint for voting-rights activists, who stated her case underscored racial disparities within the prosecution of prison voter fraud circumstances, and the complexity of voting legal guidelines for individuals who have been convicted of crimes.
