The Texas Court of Criminal Appeals has declined to hear an appeal filed by prosecutors, allowing a lower court’s acquittal to stand in the case of Crystal Mason. Mason was originally convicted in 2018 of illegal voting after casting a provisional ballot during the 2016 presidential election. The state’s highest criminal court issued a 5-4 decision reversing its earlier agreement to review the case, without providing explanation for the reversal.
Mason was on federal supervised release for a tax felony when she voted at her polling place. Election officials could not locate her voter registration and offered her a provisional ballot, which she completed. Prosecutors maintained she knowingly violated state law by signing an affidavit declaring her eligibility, though Mason disputed that she understood the document’s contents or was informed of her ineligibility. Federal probation officials testified they had not told her voting was prohibited. A judge found her guilty and sentenced her to five years in prison. Following her conviction, Mason spent 10 months in federal prison, which resulted in financial hardship for her household and forced her family members to make significant life adjustments.
Four justices dissented from the decision, arguing that evidence presented at trial was sufficient to prove Mason knew she was ineligible to vote. The case drew national attention due to Mason’s assertions that she committed an innocent mistake and concerns about the severity of her sentence. The ACLU and Mason’s legal team framed the acquittal as affirming the right to civic participation without fear of prosecution. Tarrant County District Attorney Phil Sorrells said in a statement that illegal voting remains a crime in Texas and that his office will continue to investigate and prosecute voting law violations when evidence supports charges. Mason has since become more politically engaged, working on voter education efforts and appearing at campaign events.
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