Protecting Your Vote With BACY LAW Part 3: Defenses Against Voting Crime Allegations in Texas

At BACY LAW PLLC, we believe that no one should be punished for trying to participate in democracy. Yet, in Texas, prosecutions for alleged voting crimes are on the rise, often targeting people who made honest mistakes or were confused by ever-changing rules. Understanding the legal defenses available is critical for protecting not only individuals, but also the integrity of our democracy itself.

The Role of Intent in Voting Crimes

One of the most important protections in Texas law is the requirement that prosecutors prove intent. Under Texas Election Code §64.012, a person commits illegal voting only if they “knowingly” cast a ballot when not eligible. This means the State must show more than just the act of voting—they must prove that the accused was aware they were ineligible.

• In State v. Tomlinson, 979 S.W.2d 890 (Tex. Crim. App. 1998), the court recognized that “knowing” means actual awareness of ineligibility. This case reinforces that confusion or misunderstanding should not amount to a felony.

Despite this, prosecutors sometimes downplay intent, relying on the act itself rather than the knowledge behind it. That’s where an experienced defense attorney can make the difference.

Common Defenses to Voting Crime Allegations

At BACY LAW PLLC, we use every tool the law provides to defend clients wrongfully accused. Some of the most effective defenses include:

1. Lack of Knowledge or Intent

Many voters, like in the Crystal Mason case, simply did not know they were ineligible to vote. A provisional ballot cast in good faith should never be treated as a criminal act.

2. Mistaken Identity or Recordkeeping Errors

Election rolls are not perfect. Voter registration databases often contain errors that lead to false allegations. For example, mismatched names or outdated records can create the appearance of double voting where none occurred.

3. Constitutional Challenges

When laws are enforced in ways that disproportionately target certain groups, constitutional defenses may apply. Courts have struck down voter ID laws and district maps in Texas when they were shown to discriminate against communities of color (Veasey v. Abbott, 830 F.3d 216 (5th Cir. 2016)). Overzealous prosecutions can be framed as part of this broader pattern of suppression.

4. Insufficient Evidence

The State carries the burden of proof. Without clear evidence of intent, cases should not move forward. In practice, this means prosecutors cannot rely solely on paperwork errors or administrative mistakes—they must show deliberate misconduct.

The Bigger Picture

Defending against voting crime allegations is not just about one case—it’s about protecting the democratic process. When prosecutions are used to intimidate voters, especially marginalized communities, the effect is chilling. People become afraid to participate, weakening democracy for all. At BACY LAW PLLC, we are committed to ensuring that mistakes do not become felonies and that voters are not silenced by fear. We proudly stand in the legacy of the Voting Rights Act and the civil rights movement, fighting to make democracy more inclusive and just.

✨ If you or someone you know is facing voting-related charges in Texas, don’t wait. Contact Bacy Law PLLC today. We are here to defend your rights, your reputation, and your voice in our democracy.