Bipartisan Group of Former State & Federal Prosecutors Urge Texas Court to Confirm Crystal Mason’s Acquittal
Fort Worth, Texas and Washington, D.C. — Yesterday, a bipartisan group of former state and federal prosecutors, led by the States United Democracy Center, filed an amicus brief urging the Texas Court of Criminal Appeals to uphold a lower court’s decision to acquit Crystal Mason. Texas’ Court of Criminal Appeals is the state’s highest court for criminal cases.
The case dates back to 2016, when Mason cast a provisional ballot that was never counted after state election officials determined Mason was ineligible. She was, at the time, on supervised release for a federal conviction and unaware she was ineligible to vote. Mason was convicted of voting illegally and sentenced to five years in prison, despite it being a good-faith mistake. Mason’s conviction and sentence were both inconsistent with how prosecutors in Texas and across the country have approached election cases.
In March 2024, Texas’ Second Court of Appeals reversed Mason’s conviction. In that decision, the court recognized that there was not enough evidence to show she knowingly tried to cast an unlawful vote – the legal standard under the state election code. The decision resulted in a judgment of acquittal, and legal experts argue the Texas Court of Criminal Appeals should not disturb that holding.
“Crystal Mason deserves this acquittal. She has always deserved justice,” said Christine P. Sun, Senior Vice President of Legal at the States United Democracy Center. “Voters should never be charged—much less convicted—for making good-faith mistakes. We remain confident that the court will agree that Mason’s acquittal should stand.”
As the Texas Court of Criminal Appeals reviews the lower court’s decision, the amicus brief filed today is in support of Mason now that her conviction has been overturned.
The brief was signed by a bipartisan group of prominent former prosecutors from Texas and around the country, including members of the States United Bipartisan Advisory Board. The list of signatories is:
Donald B. Ayer, Former Deputy Attorney General at the U.S. Department of Justice.
Gregory A. Brower, Former Assistant Director and Deputy General Counsel of the Federal Bureau of Investigation
Stephen C. Bullock, Former Attorney General and Governor of Montana
Paul Coggins, Former U.S. Attorney for the Northern District of Texas
E. Thomas Coleman, Former Member of Congress from Missouri and Assistant Attorney General of Missouri
John William (Jack) Conway, Former Attorney General of Kentucky
John J. Farmer Jr., Former Assistant U.S. Attorney and New Jersey Attorney General
Jonathan S. Feld, Former Associate Deputy Attorney General at the U.S. Department of Justice
Patricia A. Madrid, Former Attorney General of New Mexico
Janet A. Napolitano, Former Secretary of the Department of Homeland Security, U.S. Attorney for the District of Arizona, Attorney General of Arizona, and Governor of Arizona
Matthew D. Orwig, Former U.S. Attorney for the Eastern District of Texas
Sarah R. Saldaña, Former U.S. Attorney for the Northern District of Texas
Richard H. Stephens, Former Chief of the Criminal Division of the U.S. Attorney’s Office for the Northern District of Texas
William F. Weld, Former Assistant U.S. Attorney General in charge of the Criminal Division and Governor of Massachusetts
Cooley LLP and Susman Godfrey LLP served as co-counsel on the brief.
The States United Democracy Center also filed an amicus brief in support of Crystal Mason in February 2023 and in July 2021.
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About the States United Democracy Center
The States United Democracy Center is a nonpartisan organization advancing free, fair, and secure elections. We connect state officials, law enforcement leaders, and pro-democracy partners across America with the tools and expertise they need to safeguard our democracy. For more information, visit statesunited.org.