by Sharelle Burt

August 22, 2024

Let’s hope this is the last time….

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Texas’s highest criminal court agreed to reconsider the case of Crystal Mason, a Black woman who was sentenced to five years for attempting to illegally vote during the 2016 presidential election, The Guardian reported. 

The announcement was made on Aug. 21 as the case received national attention eight years ago. Back in 2016, Mason was on supervised release, similar to probation, for a federal tax felony charge. Under Texas law, people convicted of a felony are prohibited from voting until their sentence is completed. When she arrived at the polls, and workers couldn’t find her name on the registered voter’s list, she was offered a provisional ballot — a special kind of ballot that is required under federal law if there is any uncertainty about voter’s eligibility. 

They are only counted if it is later confirmed that the person is eligible to vote. Mason’s ballot was never counted.

While Mason’s supervised release officer testified she failed to advise her that she could not vote, prosecutors argued Mason knew of her ineligibility and attempted to vote anyway. 

According to WFAA 8, Texas’ Second Court of Appeals in Fort Worth overturned her conviction in March 2024. The court claimed at the time of the conviction, there was evidence proving Mason may not have been aware of her ineligibility under her felony conviction. Tarrant County District Attorney Phil Sorrells challenged her acquittal, insisting she committed a crime. But once the case came before the court again, at the time, it was ordered to revisit the case. 

As this will be the second time the case comes before the court, Mason is hoping this is the last time. “While I am ready for this case to be over and for my acquittal to stand, I will continue to maintain my faith that justice will be done,” Mason said in a statement. Her lawyers feel the same. Mason is being represented by numerous teams, including the American Civil Liberties Union of Texas, ACLU National, Texas Civil Rights Project, criminal defense attorney Alison Grinter Allen, and civil attorney Kim T. Cole, who says they “remain confident.” “We respect the Court of Criminal Appeals’ decision to further review this case,” senior staff attorney at the Texas ACLU, Tommy Buser-Clancy, said. 

“We remain confident that the court of appeals made the right decision in vacating Ms. Mason’s conviction and rendering an acquittal. We look forward to briefing our position to the court.”

Sorrells, however, has yet to stand down on his stance against the appeal decision. “I want would-be illegal voters to know that we’re watching,” Sorrells said in a statement in May 2024. “And that we’ll follow the law and we will prosecute illegal voting.”

The case will proceed without oral argument, and while a schedule has yet to be identified, Allen feels the case will be a victory for others incarcerated who may be fearful of going to the polls. “We have faith that the court will uphold Crystal’s acquittal, and all Texans will see a day when they can feel confident in the franchise and go to the polls unafraid that they could face prison time for any mistake or misunderstanding,” Allen said.

RELATED CONTENT: Meet Lucinda Cross, The Black Woman Who Ensures Formerly Incarcerated People Know Their Right To Vote  

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