He says that's not voting in an election. "That's not an action that the state should be criminalizing. The whole point of provisional ballots is for when there's ambiguity when there's eligibility to vote, and the state then determines whether there's eligibility on the back end."He adds "The second reason is, in order to prosecute someone for trying to commit illegal voting, the person has to have known they were voting illegally. And here there was no evidence that Crystal knew that she wasn't allowed to vote."Mason is not in prison currently.Buser-Clancy He says the whole point of provisional ballots is to clear up ambiguity about whether a person is eligible to vote. Nearly 4500 provisional ballots were cast in Tarrant County in 2016 and 3990 were rejected. Mason was the only person who was prosecuted.Buser Clancy says his group will now ask the entire Second Court of Appeals to re-hear this decision.