62-year-old Texas man arrested for voting while on parole: ‘Innocent Mistake’

A Texas man waited seven hours to vote in the Democratic presidential primary has been arrested on illegal voting charges because he cast a ballot while on parole according to WHSV 3. Hervis Rogers, 62, bail was set at $100,000 for two counts of illegal voting, which is a second-degree felony in Texas which can have a sentence of 40 years in prison — 20 for each count. Rogers was freed Saturday with the assistance of non-profit The Bail Project.

Rogers was three months and 10 days away from being off of his parole when he was standing in line on March 3, 2020. Now more than a year later, Pogers is being prosecuted for voting while on parole, an act he didn’t know was against the law.

“Mr. Rogers’s prosecution really shows the danger of overcriminalizing the election code and the process of participating in a democratic society,” Tommy Buser-Clancy, a senior staff attorney at the American Civil Liberties Union, told The New York Times. “In particular, it raises the danger that criminal statutes in the election code are being used to go after individuals who at worst have made an innocent mistake. That’s not what any laws should be doing.”On Twitter, Texas Attorney General Ken Paxton ordered Rogers arrested, posted a defense of the charges Friday night, tweeting, “Hervis is a felon rightly barred from voting under TX law. This liberal NPR article even says so, but buries it: ‘Rogers voted before his parole was scheduled to end, he was likely ineligible to cast a ballot on Election Day.’”“I prosecute voter fraud everywhere we find it!” he tweeted. One of Rogers’ attorneys, Andre Segura, legal director of the ACLU of Texas, said the Houston native, who also voted in Nov. 2018, is “devastated” at the possibility of going back to prison. Organization officials noted his willingness to stand in line for hours and to do public interviews as proof that he didn’t “knowingly” commit fraud.“

Our laws should not intimidate people from voting by increasing the risk of prosecution for, at worst, innocent mistakes,” said Segura. “We will continue to fight for justice for Mr. Rogers and will push back against efforts to further restrict voting rights.”“What [Republicans] are doing is trying to signal to their primary voters that they are as far to the right-wing of their party as they could possibly be,” said Chris Hollins, a former elections clerk in Harris County.

“And they’re doing this not because they care about people but because they care about themselves and their own political aspirations.”

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62-year-old Texas man arrested for voting while on parole: ‘Innocent Mistake’

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62-year-old Texas man arrested for voting while on parole: ‘Innocent Mistake’

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