Key difference emerges between Texas House & Senate bills to increase penalty against illegal voting

AUSTIN (CBSNewsTexas.com) – One of the highest priorities for Republicans this 12 months is for the Texas legislature to get tricky on illegal voting.

State lawmakers seem in a position to increase the penalty for illegal voting – from a Class A misdemeanor to a second-degree legal.

It was once that method for many years earlier than the legislature decreased the punishment simply two years in the past.

Representative Cole Hefner, R-Mt. Pleasant, wrote House Bill 1243 and informed a legislative listening to Thursday, “We’ve heard from our people back home that they believe this is a very serious crime.”

In reaction, Representative John Bucy, D-Cedar Park stated, “I don’t see the evidence being laid out here to justify the change.”

While the House debated its model of the invoice Thursday, the Senate handed its regulation closing month. 

And there’s a key difference: The House would stay the present regulation’s requirement that there is evidence any individual supposed to wreck the regulation. 

The Senate desires to exchange that.

During a listening to Feb. 27 on the Capitol, the creator of Senate Bill 2, Bryan Hughes, R-Tyler stated, “Ignorance of the law is not a defense. On Senate Bill 2 which is before the committee, if you are a felon, and you know you’re a felon, you don’t have to know it’s illegal for felons to vote.”

As the legislature debates this factor, the high-profile case involving Crystal Mason, who made nationwide headlines in 2018, assists in keeping arising.

She’s the Tarrant County lady convicted of illegal voting all the way through the 2016 presidential election and sentenced to 5 years in state jail.

Last 12 months, the state’s very best prison courtroom, the Criminal Court of Appeals, dominated that the Tarrant County pass judgement on and the appeals courtroom in Fort Worth which upheld her conviction, made a mistake.

That’s as a result of they failed to require evidence that Mason if truth be told knew it was once against the law for her to vote.

At the time, she was once on supervised unencumber after serving time in federal jail for tax fraud.

She insisted she did not know she was once ineligible to vote.

The Tarrant County District Attorney’s administrative center is not commenting however defends the conviction.

But 14 former state and federal prosecutors who’re a part of the States United Democracy Center not too long ago despatched an amicus temporary to the state appeals courtroom on Mason’s behalf earlier than they pay attention the case once more Tuesday. 

Former U.S. Attorney of the Northern District of Texas Sarah Saldana is amongst the ones incorporated within the temporary.

She mentioned the case with CBS News Texas. “It should have never been charged under the laws of the State of Texas.”

She stated she’s hoping the appeals courtroom will overturn Mason’s conviction, and that the legislature will stay intent as a part of the state’s regulation. “We want to catch election fraud absolutely. I was the election fraud officer for the Northern District of Texas for years. But what we don’t want to do is put fear into people that any innocent mistake like this will actually put them in prison. We cannot make innocent mistakes punishable in this statute.”

Back on the Capitol, Representative Hefner, creator of the House invoice was once requested if Mason and others like her would nonetheless be prosecuted below his regulation if they do not understand they’re ineligible to vote. “Those people, it’s my understanding, would not be prosecuted under this law.” 

If lawmakers within the House approve their invoice, they’re going to have to hash out their key difference with their opposite numbers within the Senate.

Crystal Mason and lots of others can be observing what occurs subsequent on the Capitol.