Crystal Mason Asks Highest Criminal Court to Affirm Acquittal

AUSTIN, Texas — The American Civil Liberties Union of Texas, the national ACLU, and the Texas Civil Rights Project, along with criminal defense attorney Alison Grinter and civil rights attorney Kim T. Cole, filed a brief today on behalf of Crystal Mason in the case of Mason v. State. The brief argues that the state’s highest Court of Criminal Appeals should affirm the court of appeals' decision to acquit Crystal Mason.

Mason, a Black mother of three from Fort Worth, was convicted of illegal voting for submitting a provisional ballot in 2016 that was never counted. She believed she was fulfilling her civic duty and having no idea the state considered her ineligible to vote. The Texas Second Court of Appeals reversed Crystal Mason’s conviction.

“For eight years, I have faced prison for simply trying to do my civic duty,” said Crystal Mason. “Throughout this time, I have maintained hope in the courts and in our democracy that what is right will prevail, and I will not be separated from my children and grandchildren for half a decade simply for submitting a provisional ballot that was never counted as a vote. On the eve of another major election, I hope people will think of my story and how precious our rights are. This experience has made me even more passionate about voting rights, and I continue to have faith that this court will uphold the lower court’s acquittal and grant me the freedom I have been praying for.”

Download Crystal Mason's video statement: https://aclutx.dash.app/sharing/type/asset/083fd7b2-37c0-4db1-b2e1-beb10973b634

The Court of Criminal Appeals will review the lower court’s decision that found there was insufficient evidence to show that Mason knew she was ineligible to vote. She faces up to five years in prison.

The following statements can be attributed to members of her legal team:

“The record does not support Ms. Mason’s conviction,” said Tommy Buser-Clancy, senior staff attorney for the ACLU of Texas. “Ms. Mason had no idea the state considered her ineligible to vote when she submitted her provisional ballot in 2016. She had no reason to risk separation from her family and her freedom just to cast a ballot that was never even counted. We remain confident that the lower court’s acquittal of her will be upheld, reassuring Texans that we can do our civic duty without fear of criminalization.”

“We are confident the court will agree that Crystal Mason’s acquittal should stand,” said Sophia Lin Lakin, director of the ACLU’s Voting Rights Project.

“Ms. Mason has been dealing with this case for eight years now. She never should have been charged,” said Christina Beeler, senior supervising attorney for the Texas Civil Rights Project. “The evidence shows that she did not know she was ineligible when she cast her provisional ballot at the urging of election workers, and her ballot was never even counted — the system worked as intended. We are confident that the Court of Criminal Appeals will affirm the decision by the Second Court of Appeals.”

“A court of appeals has already recognized the need to order an acquittal for Ms. Mason, and I am optimistic that the state’s highest criminal court will do the same,” said Alison Grinter, criminal defense attorney. “This prosecution has had the intended effect of sowing confusion and fear in the electorate. It’s time for this nightmare to end once and for all.”

“Ms. Mason was targeted. She never should have been maliciously prosecuted for trying to exercise her civic duty in the first place,” said Kim T. Cole, civil attorney for Mason. “Despite this insanely lengthy and arduous process, I still believe that justice will ultimately prevail. I have faith that the highest criminal court in Texas will confirm that reversing Ms. Mason's unjust conviction is the correct and righteous outcome.”

Access the Court of Criminal Appeals brief: https://www.aclutx.org/sites/default/files/cm_cca_resp_10.29.24.comms_.pdf

Download Crystal Mason's video statement: https://aclutx.dash.app/sharing/type/asset/083fd7b2-37c0-4db1-b2e1-beb10973b634