Crystal Mason voter fraud appeal being heard in Fort Worth court

AUSTIN – The legal saga surrounding the controversial election fraud conviction of Tarrant County resident Crystal Mason continues Tuesday with her first hearing since a state appeals court ruled that her conviction might need to be overturned.

Mason’s case now is before the 2nd Court of Appeals in Fort Worth. Her attorneys are seeking for the court to strip her conviction under changes to state election laws enacted in 2021.

Her case gained national prominence for the five-year sentence a Tarrant County Judge gave to Mason, who is Black. The case has been referenced as evidence of racial bias in election law enforcement in Texas.

In Texas, convicted felons cannot cast a ballot until their sentences are complete. While Mason was no longer in prison, her sentence had not been completed while she was on supervised release.

The election fraud conviction sent her back to federal prison for a parole violation. She has since completed her sentence for the tax fraud conviction.

During 2021′s legislative session, a bipartisan effort in the House added a provision to a sprawling election law that requires prosecutors to prove intent in voter fraud cases. Lawmakers made the change to the state’s election code with Mason’s case in mind.

Mason has maintained that she was unaware she was committing a crime by casting a vote despite signing an affidavit stating that she was not a felon still under sentence.

The retroactive statute was referenced in the 2022 Court of Criminal Appeals ruling that sent Mason’s case back to the Fort Worth appeals court.

But Mason could head back to prison if her voter fraud conviction is upheld.

The case has been taken up by the American Civil Liberties Union. Several prominent attorneys, including Janet A. Napolitano, former secretary of the Department of Homeland Security, filed briefs on Mason’s behalf recently.

Tarrant County District Attorney Phil Sorrells, who was elected to the office in November 2022, said in an emailed statement his office will be at the hearing.

“My office will be there to argue the case,” he said.

Sorrells has made voter fraud a priority since taking office. In February, Sorrells along with Tarrant County Sheriff Bill Waybourn and County Judge Tim O’Hare – all three Republicans – announced the creation of an election fraud unit.

Mason’s appeal also could have a ticking clock.

The Texas Senate recently passed a bill that would restore the criminal penalty for voter fraud to a felony. The bill, a top priority for Lt. Gov. Dan Patrick, would eliminate the provision requiring proof of intent to commit voter fraud.