Texas judge dismisses illegal voting charges against man who allegedly voted while on parole

A judge in Texas has dropped illegal voting charges against a Houston man who stood in line six hours to vote in the 2020 presidential primary.

The judge’s decision followed a larger ruling in Texas that limits the state’s power to prosecute voting fraud cases.

Hervis Rogers, who in March 2020 didn’t leave the polling center until close to 1:30 a.m., had faced charges that carried a possible sentence of two to 20 years in prison. Rogers voted while on parole for a felony burglary conviction. Rogers’ charge made him ineligible to vote under Texas law.

Rogers was interviewed while in line and he and others expressed their annoyance at the long wait. Rogers said he had no idea that he was not permitted to vote during this time. Rogers said at the time he felt he was doing his civic duty.

“I figured like it was my duty to vote,” Rogers said at the time. “I wanted to get my vote in to voice my opinion. And I wasn’t going to let nothing stop me. So, I waited it out.”

The American Civil Liberties Union of Texas who previously represented Rogers believes his arrest should worry everyone.

“The arrest and prosecution of Mr. Rogers should alarm all Texans,” Andre Segura, their legal director, said in a statement. “He waited in line for over six hours to vote to fulfill what he believed to be his civic duty and is now locked up on a bail amount that most people could not afford. He faces potentially decades in jail.”

Segura added, “Our laws should not intimidate people from voting by increasing the risk of prosecution for, at worst, innocent mistakes. We will continue to fight for justice for Mr. Rogers and will push back against efforts to further restrict voting rights.”

Rogers said in a statement that he was relieved that the charges, which he said have been hanging over him for over a year, have now been dropped.

“I am thankful that justice has been done,” said Rogers, who has been out on bail since last year. “It has been horrible to go through this, and I am so glad my case is over. I look forward to being able to get back to my life.”