Texas' highest criminal court has let stand the acquittal of Crystal Mason, a Black woman who spent nearly a decade fighting a conviction for casting a provisional ballot that ultimately wasn't counted. The court's 5-4 decision on Thursday ends the case, which began with her 2018 conviction and a five-year prison sentence.
Court declines to hear appeal
The Texas court of criminal appeals acquitted Mason in 2024. The local prosecutor handling the case appealed that ruling to the state's highest criminal court, which initially agreed to hear it. But on Thursday, the court reversed itself and said it would not hear an appeal, letting the acquittal stand. It offered no explanation for the decision.
Mason, 51, said in a text message: "After 10 long years of fighting, I am overwhelmed with joy and gratitude. It's hard to put into words how excited I am right now. This journey has been long, exhausting, and emotional, but God has carried me through it all."
Case background and trial
Mason was on supervised release, similar to probation, for a federal tax felony when she went to her polling place on election day in the 2016 presidential election. Officials could not find her on the list of registered voters and offered her a provisional ballot, a safeguard required by federal law. Mason decided to cast it. Poll workers testified that they had Mason swear everything in the affidavit was true, though Mason has always disputed this occurred.
Texas, like many US states, prohibits people with a felony conviction from voting if they are on probation. Mason maintained she did not actually read the language on the affidavit and was never told she could not cast a ballot. Federal probation officials testified at her 2018 trial they never told her she couldn't vote. Prosecutors argued Mason knew she was ineligible because she signed the affidavit and had sworn to poll workers that the information was true. A judge found her guilty and sentenced her to five years in prison.
Reactions and dissent
Phil Sorrells, the Tarrant county district attorney, said in a statement: "Illegal voting remains a crime in Texas. If there is evidence that someone knowingly violates our election laws in Tarrant County, we will investigate it and, when the evidence supports it, prosecute it."
Thomas Buser-Clancy, an attorney with the Texas chapter of the American Civil Liberties Union, which helped represent Mason, said: "Civic participation without fear of imprisonment is a cherished right that is critical to our system of democracy. The highest criminal court in Texas affirmed that right by letting the lower court's acquittal stand. Ms. Mason has spent nearly a decade defending her rights in Texas and today we see that her efforts have been successful not only in defending her own freedom, but also in protecting the ability of Texans across the state to participate in our democracy without fear."
Alison Grinter, another of Mason's attorneys, said the ruling was important given the upcoming midterm elections. "This really is a great day for Texas voters who can finally celebrate their right to go to the polls unafraid and undeterred by partisan intimidation and scare tactics," she said.
Four justices wrote dissenting opinions, saying they believed there was sufficient evidence Mason knew she was ineligible when she cast a ballot. Judge Lee Finley wrote in a dissent joined by Judge Gina Parker: "The evidence presented by the State at Appellant's trial for illegal voting was sufficient to show that Appellant 'actually knew' that she was ineligible to vote. The provisional voter affidavit, corroborated by the additional evidence presented by the State, leaves no doubt whatsoever that the trier of fact was presented with sufficient evidence to sustain Appellant's conviction. This is not a close case."
Impact on Mason's life
Because Mason was convicted of a criminal offense while on supervised release, she returned to federal prison for 10 months. During that period, she nearly lost her home to foreclosure and her teenage daughter was entrusted with running her household. Her college-age son left a football scholarship to return home and help with costs. Mason has three children and also raised four of her brother's children. She has 10 grandchildren.
Mason was not particularly political before 2016, but since her conviction, she has become much more politically engaged. In 2022, she opened a rally for Beto O'Rourke and worked to educate voters about their rights. Recently, she said, the wife of the current district attorney, Phil Sorrells, knocked on her door and asked her if she would consider voting for him this year. "The irony of that moment is something I will never forget," she said.
