Texas court acquits Crystal Mason after being sentenced to five years over voting error

A Texas appeals court has overturned Crystal Mason's five-year prison sentence for illegally casting a ballot that wasn't even counted in 2016.

Mason — a Black woman — cast a provisional ballot in Tarrant County in 2016. However, she was ineligible to vote due to her being on supervised release for federal tax evasion.

Several rights groups, including the American Civil Liberties Union, saw Mason’s case as a violation of the Voting Rights Act of 1965 — a federal law that removes race-based restrictions on voting — and an intimidation tactic against Black voters.

Here’s a timeline of what went into the Tarrant County-based 2nd Court of Appeals decision:

Why was Crystal Mason convicted?

According to court records, Mason went to her usual polling place on Nov. 8, 2016, after having been released from federal prison a year earlier and from a halfway house in August. When election workers couldn't find her name on the voting rolls, they offered her the chance to cast a provisional ballot as allowed by the U.S. Help America Vote Act, the American-Statesman reported in 2021.

Casting a provisional ballot requires individuals to swear that “if a felon, I have completed all my punishment including any term of incarceration, parole, supervision, period of probation, or I have been pardoned.”

Her ballot was rejected because she was not eligible to participate in elections while still on supervised release for a federal tax fraud conviction.

Defense lawyers argued that the illegal voting law shouldn't apply to Mason because it requires knowledge of wrongdoing, but Mason didn't know she was ineligible to vote while on federal supervised release.

A judge convicted Mason in a 2018 trial for voter fraud. The Texas Court of Criminal Appeals in 2022 ordered the lower appeals court to reconsider Mason’s conviction.

Why was Crystal Mason acquitted?

On Thursday, Justice Wade Birdwell of the 2nd Court of Appeals wrote about what went into reversing Mason’s conviction.

“We conclude that the quantum of the evidence presented in this case is insufficient to support the conclusion that Mason actually realized that she voted knowing that she was ineligible to do so and, therefore, insufficient to support her conviction for illegal voting,” he said.

What is a provisional ballot?

According to Vote 411, an election education website run by the League of Women Voters Education Fund, provisional ballots are used to ensure that all voters are able to cast a ballot even if their eligibility is uncertain at the time they vote. Voters can mark a provisional ballot, and election workers set it aside until eligibility is verified later.

Texas Legislative Black Caucus statement on Crystal Mason’s acquittal

Texas Legislative Black Caucus Chairman Rep. Ron Reynolds, D-Missouri City, on Friday said Mason’s case stresses the obstacles voters of color face when casting their ballot.

"Mason's case underscores the systemic challenges facing marginalized communities in exercising their fundamental right to vote," Reynolds said in a statement. "While her vindication is a step in the right direction, it highlights the urgent need for comprehensive electoral reform to ensure equitable access to the ballot box for all citizens. TxLBC remains committed to advocating for justice and equality in our electoral system, where every voice is heard and every vote counts."

What is Crystal Mason doing now?

Mason was released from prison on an appeal bond in 2022. Since her voting case, she has become more involved in politics, opening a rally for former U.S. Rep. Beto O’Rourke in his 2022 bid for the Texas governor's office.

According to The Guardian, after Mason’s arrest in 2017, she lost her job at a bank. She was also sent back to federal prison for several months for being arrested while on probation for a federal crime. During that time, she almost lost her home to foreclosure.

In a statement Thursday, Mason said she is grateful for her freedom but feels an obligation to educate people about voting rights.

“I am overjoyed to see my faith rewarded today,” she said. “I was thrown into this fight for voting rights and will keep swinging to ensure no one else has to face what I’ve endured for over six years, a political ploy where minority voting rights are under attack.”

This article originally appeared on Austin American-Statesman: Texas court overturns woman's 5-year sentence for 2016 illegal voting case