Texas judges deny Crystal Mason’s appeal of her 5-year sentence for voting illegally

Fort Worth judges have denied the appeal of a Tarrant County woman who was sentenced to five years in prison for illegal voting.

The attorneys representing Crystal Mason argued before a three-judge panel of the 2nd Court of Appeals in Texas that she was casting a provisional ballot because she was unsure of her eligibility. Her ballot was not counted in the 2016 presidential election.

She was convicted of illegal voting because the state argued she tried to vote while on probation for a federal conviction.

Mason’s attorneys will ask the full court to review her appeal, which is the next step available in the process, a news release from the American Civil Liberties Union said. The ruling was published Thursday.

“These are difficult times for me, but I have faith that with the help of my family and God, right will prevail,” Mason said. “A punishment of five years in jail for doing what I thought was my civic duty, and just as I was getting my family’s life together, is not simply unfair, it’s a tragedy.”

Mason, 45, of Rendon, was sentenced to 10 months in federal prison after the state illegal voting conviction because the new conviction violated her federal parole, which she was serving on a tax fraud conviction.

Mason’s federal conviction for tax fraud came in 2011, after she pleaded guilty to preparing thousands of income tax returns that contained false information for her clients. She was ordered to pay more than $4.2 million in restitution and was in default on her payments.

“We are disappointed with the decision and believe that it is wrong on the law,” Tommy Buser-Clancy, senior staff attorney for the ACLU of Texas, who presented the oral argument, wrote in a statement. “Crystal submitted a provisional ballot that was not counted, she did not vote illegally. We will continue to fight on behalf of Crystal by asking the entire Second Court of Appeals to re-hear this decision.”

Mason was released from federal prison in July and is fighting to have the state’s five-year sentence overturned by an appeals court.

“This ruling is a severe misinterpretation of the law,” said Alison Grinter, criminal defense attorney for Crystal Mason. “It undercuts efforts to encourage voter turnout through the Help America Vote Act and punishes ordinary voters for attempting to fulfill their civic duty in a way that is at complete odds with our democratic principles.”

Tarrant County District Attorney Sharen Wilson said Mason was offered the option of probation in the state case, but she refused the offer.

Mason chose to have a trial by judge, and the judge found beyond a reasonable doubt from the evidence that she knew she was not eligible to vote and voted anyway. He then set her sentence, Wilson said.

“This is not the end,” said Kim Cole, an attorney representing Mason. “Our community has stood by Crystal from the beginning and will never lose hope.”

Mason is also represented by the ACLU of Texas, ACLU Voting Rights Project, Texas Civil Rights Project.

This story was originally published March 20, 2020 at 12:37 PM.