Judge dismisses case against voter

When Hervis Rogers cast his ballot for a presidential candidate in the March 2020 primary, it was after 1 a.m. and he had waited for more than six hours. His story captured national attention on social media as people rooted for Rogers, the last person in line at Texas Southern University, one of several Harris County polling locations that experienced long delays in the primary.

More than a year later, Rogers was arrested and charged with two counts of illegal voting, prosecuted by Texas Attorney General Ken Paxton’s office for allegedly voting illegally while on parole.

Under Texas law, it is a second-degree felony to “knowingly” vote while on parole, on probation or under state supervision. Second-degree felonies are punishable by up to 20 years in prison.

Now, a district court judge has dismissed the case, after the state’s highest criminal appellate court recently reaffirmed its ruling that Paxton lacks unilateral authority to prosecute election crimes.

The attorney general’s office did not respond to a request for comment Friday.

“I am thankful that justice has been done,” Rogers said in a statement. “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.”

Tommy Buser-Clancy, senior staff attorney at the ACLU of Texas, who helped represent Rogers, said the entire legal process has been traumatic for him.

“From the arrest and then being taken to Montgomery County and the high bail and then facing down what could have been an extremely long sentence, 40 years, which at his age amounts to a life sentence, it’s been extremely traumatic,” Buser-Clancy said.

On Election Day, Rogers considered giving up on the line. He was working two jobs, one of which started at 6 a.m., but decided to stick with it.

“It is insane, but it’s worth it,” Rogers said while he waited. “I mean, I wouldn’t feel right if I didn’t vote. I feel like it’s ... I voice my opinion, but it don’t feel right if I don’t vote. So, I said, ‘I’m going to take a stand and vote. It might make a difference.’”

Rogers was arrested in July 2021 in Houston’s South Acres neighborhood. Though Rogers voted in Harris County, the AG’s office chose to prosecute the case in Montgomery County instead. Rogers’ bail was set at $100,000.

The arrest came just one day before the Legislature convened to begin a special session focused on a controversial voting bill.

Rogers had been arrested and sentenced to 25 years in prison for burglary and intent to commit theft in 1995. He was out on parole May 20, 2004, and his parole was set to end June 13, 2020.

The Texas Election Code states that someone on parole for a felony conviction is ineligible to register as a voter and that violations of election law may be prosecuted in the county where the alleged crime was committed or in an adjoining county.

Rogers has said that he believed he was eligible to vote at the time.

Under a bill approved in 2007 by the Texas House and Senate, the Texas Department of Criminal Justice would have been required to notify people released from custody about their eligibility to vote. However, then-Gov. Rick Perry vetoed that bill.