Protecting Your Vote With BACY LAW Part 2: Voting Crimes in Texas: What the Law Says (with statutes and case law)

At BACY LAW PLLC, we believe every eligible citizen should be able to cast a ballot freely and confidently. Unfortunately, election laws in Texas are complex, and many well-meaning voters find themselves accused of “voting crimes” without realizing they did anything wrong. These accusations can feel intimidating and even criminalize ordinary people for honest mistakes. That’s why it’s so important to understand what Texas law considers a voting offense—and how those laws are enforced.

What Counts as a Voting Crime in Texas?

Texas has some of the strictest voting laws in the nation. Under the Texas Election Code, common allegations include:

• Illegal Voting (§64.012): Occurs when someone knowingly votes when not eligible, votes more than once, or impersonates another voter. Classified as a second-degree felony.

• Unlawful Assistance (§64.036): Assisting a voter without the proper paperwork or allegedly influencing their choices. Often applied in cases involving elderly or disabled voters.

• Ballot Tampering (§276.013): Altering, destroying, or misusing ballots, mail-in ballot applications, or election equipment.

• False Registration (§13.007): Submitting false information on a voter registration application.

  
  

Case Examples: When Confusion Becomes Criminalization

• Crystal Mason (2018): Sentenced to five years in prison for casting a provisional ballot while on supervised release, unaware she was ineligible.

• Rosa Maria Ortega (2017): A permanent resident sentenced to eight years for mistakenly voting in multiple elections.

• State v. Tomlinson (Tex. Crim. App. 1998): The court emphasized that prosecutors must prove the person knew they were ineligible, underscoring that intent is central.

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These cases reveal how laws meant to protect democracy can sometimes punish confusion rather than fraud.

Defenses to Voting Crime Allegations

Even when charges are filed, the law provides defenses—and they matter. At BACY LAW PLLC, we focus on showing why accusations often fail under close legal scrutiny. Common defenses include:

1. Lack of Knowledge or Intent

The Election Code requires proof of knowing conduct. If a voter did not realize they were ineligible, as in Tomlinson, they cannot be found guilty. Many high-profile cases, like Crystal Mason’s, highlight this defense.

2. Mistaken Identity or Administrative Errors

Voter rolls often contain outdated or mismatched information. These errors can lead to false accusations of double voting or impersonation.

3. Constitutional Challenges

When laws are enforced in ways that disproportionately harm certain communities, constitutional defenses can apply. In Veasey v. Abbott (2016), the Fifth Circuit struck down Texas’s voter ID law for discriminatory impact—a principle that can also apply to selective prosecutions.

4. Insufficient Evidence

The burden is always on the State to prove guilt beyond a reasonable doubt. Paperwork issues or unclear records cannot sustain a felony conviction.

Why Legal Guidance Matters

Texas prosecutors often pursue these cases aggressively, but the law is not one-sided. With a strong defense, voters can show that mistakes are not crimes, confusion is not fraud, and democracy is best served when participation is protected—not punished.

At BACY LAW PLLC, we stand ready to defend the accused, challenge unjust prosecutions, and remind the courts that voting is a right worth protecting.

✨ If you or someone you know is facing accusations of a voting-related offense, contact Bacy Law PLLC today. Together, we can defend your rights, protect your reputation, and ensure your voice continues to strengthen our democracy.