Many Texans charged or convicted of crimes can still vote

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After Crystal Mason voted in the 2016 presidential election in Tarrant County while on probation for tax fraud, she became a national figure in the ongoing conflict between voting rights advocates and officials taking a hard line against illegal voting.

Mason was sentenced to five years in prison for voting illegally in that election, although she said she did not realize that her criminal status disqualified her from voting. The trial surrounding her conviction continues. But experts say the high-profile political firestorm surrounding her case also continues to dissuade eligible Texas voters who have been arrested, convicted of misdemeanors or served a felony sentence from voting – even though they are legally allowed to participate in elections. “People feel like they’re losing their right to vote simply because they’re arrested,” said Bob Libal, a criminal justice advocate in Texas who works nationally to restore voting rights to people with criminal records.

Texas law prohibits convicted felons who are still serving their sentences from voting, including any period of parole, community supervision and probation. But Texans are still allowed to vote if they have been convicted of a misdemeanor (even if they are currently serving a sentence) or are in jail awaiting trial for a felony. And, under an obscure election law, Texas felons actively appealing their convictions can legally voteeven if they are in prison.

This election cycle, there is probably no more high-profile example of someone retaining the right to vote after being charged or convicted of a crime than the Republican presidential candidate. Former President Donald Trump will still be able to vote in Florida despite being convicted of 34 felony counts in New York state, making him the first convicted felon to run for president.

That’s because Florida, where Trump lives, is subject to the laws of the state in which the conviction occurred, and New York laws only prohibit people with felony convictions from voting while they are incarcerated. Trump’s sentencing was delayed until after the election.

In Texas, about 55,000 people are held in county jails awaiting trial and are eligible to vote, according to the Texas Commission on Jail Standards. That doesn’t mean it’s easy for them to vote.

Only Dallas and Harris counties open Election Day polls to people in jail. And while people in jail can apply to vote early by mail under Texas law, applications to vote by mail are due Oct. 25. This deadline leaves people arrested after that date and before Election Day without the opportunity to apply. voting ballot.

Accessing mail-in voting while incarcerated is not easy. In some districts, advocacy groups are visiting prisons to distribute forms. In other counties, people don’t even realize they can ask for a form. The Secretary of State’s Office does not track how many people in prison are requesting mail-in ballots.

“A lot of people believe that if you have a criminal record, you can’t vote,” said Jasmine Ross, who works for the Colorado Criminal Justice Reform Coalition. “That’s true in some states, but we don’t practice permanent disenfranchisement here.”

Harris County was first in the state create a prison voting program in 2021. Election officials have installed voting machines at the county jail, but the polling place will be open to the general public, as required by law. Prison staff will transport inmates who choose to vote to the polling station throughout Election Day.

Philip Bosques, chief deputy with the Harris County Sheriff’s Department, said inmates do not need identification to vote. They simply show the election official their bracelet, which includes their name and date of birth, and then vote.

“I’m glad we were the first in Texas to do this,” Bosques said. “And I’m absolutely confident that this can be reproduced without putting a huge load on the system.”

Texas lawmakers filed a lawsuit last year check it would have banned polling stations in prisons, but the legislation never gained traction. Author of the bill, deputy. Valorie SwansonR-Spring, did not answer questions about why she brought the bill.

Meanwhile, Colorado became the first state this year to pass a law requiring counties to provide voting sites in prisons. The new law also requires prisons to have mail-in ballot drop-off locations.

Advocates say laws like Colorado’s will help prisoners better re-enter their communities and reduce recidivism rates.

“It really makes people feel like they’re participating and involved in their community,” Ross said. “The most consistent feedback is that it gives them the opportunity to think differently about how they can do better and how they can contribute to their communities.”

Research found that people who had their voting rights restored after being incarcerated were less likely to be rearrested compared to people who were prohibited from voting.

Other states also took steps to restore voting rights. In 2023, Minnesota and New Mexico restored voting rights to people on probation or parole. And in 2020, Washington, D.C. passed a law allowing people jailed on felony charges to vote.

But different rules in different places only add to the confusion that could prevent people with criminal charges or convictions from voting, even if they are legally allowed to do so.

“One of the problems is that there is an incredibly confusing array of laws across the country when it comes to voting rights for people with felony convictions,” Libal said.

In March, the Texas Court of Appeals overturned Mason’s sentenceacquitting her of criminal charges and seemingly ending the eight-year saga. The court said there was no evidence Mason knew she was ineligible to vote, a condition that must be met to convict someone of illegal voting in Texas.

However, the following month, Tarrant County District Attorney Phil Sorrells announced that he wants to reinstate Mason’s sentence. Sorrell’s office argued that Mason was fairly convicted, pointing to testimony from election officials who said Mason signed an affidavit requiring people to swear that “if I am a criminal, I have served my entire sentence, including any prison time, on probation.” “early release, supervision, probation period, or I will be pardoned.”

“I want potential illegal immigrant voters to know that we are watching,” Sorrell told county commissioners during a May briefing about why he was raising the issue again.

Lawyers for the state and Mason filed applications in the Court of Criminal Appeals. Mason’s lawyers argue that the court should uphold Mason’s acquittal, arguing that she had no idea she was disqualified from voting. A final decision in Mason’s case could take months, said Savannah Kumar, the attorney representing her.

“It’s important to remember that Texas’ highest criminal court has already made it clear that innocent mistakes are not enough to throw Texans in jail,” Kumar said.