Judge dismisses case of Texas man who waited 6 hours to vote

Oct 21, 2022, 1:08 PM | Updated: 1:55 pm

AUSTIN, Texas (AP) — A Texas judge has dismissed illegal voting charges against a Houston man who stood in line six hours to cast a ballot in the 2020 presidential primary and became a figure over Republican efforts to tighten election laws.

The decision this week followed a wider ruling in Texas that limits the state’s power to prosecute voting fraud cases, which has drawn backlash from Republican Gov. Greg Abbott and other GOP leaders.

Hervis Rogers, who in March 2020 did not leave a polling center at a historically Black college until about 1:30 a.m., had faced charges that carried a possible sentence of two to 20 years in prison. He had voted while still on parole from a felony burglary conviction, making him ineligible to cast a ballot under Texas law.

Rogers said he did not know he was ineligible to cast a ballot when he got in line at Texas Southern University, where reporters had interviewed him and other voters who expressed anger and frustration over the long wait.

The charges against Rogers were brought by the office of Texas Republican Attorney General Ken Paxton, who has promoted baseless claims of widespread election fraud and challenged the outcome of the 2020 presidential election. But the Texas Court of Criminal Appeals, which is entirely comprised of elected Republicans judges, upheld last month that the state cannot unilaterally prosecute election fraud cases.

The case against Rogers was dismissed Monday by a judge in Montgomery County, which neighbors Houston.

“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.”

Paxton’s office did not immediately return a message seeking comment Friday.

Thomas Buser-Clancy, an attorney for Rogers, said the state had not filed an intent to appeal. He said he could not speak to whether Rogers can or will vote in November’s election.

Rogers said he was among the last people allowed in line before polls closed at 7 p.m. He said at the time he considered leaving but told reporters that “every vote counts.”

Lines during the 2020 primary elections were longer in Houston’s mostly minority, Democratic neighborhoods, which elections officials blamed on the local GOP’s refusal to hold a joint primary that year. Republican accused the county of trying to shift the blame and said officials in Texas’ largest county failed to heed warnings about high turnout.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

(Facebook Photo/City of San Luis, Arizona)...
Associated Press

San Luis authorities receive complaints about 911 calls going across border

Authorities in San Luis say they are receiving more complaints about 911 calls mistakenly going across the border.
3 days ago
(Pexels Photo)...
Associated Press

Daylight saving time begins in most of US this weekend

No time change is observed in Hawaii, most of Arizona, Puerto Rico, the U.S. Virgin Islands, American Samoa, Guam and the Northern Marianas.
11 days ago
Mexican army soldiers prepare a search mission for four U.S. citizens kidnapped by gunmen in Matamo...
Associated Press

How the 4 abducted Americans in Mexico were located

The anonymous tip that led Mexican authorities to a remote shack where four abducted Americans were held described armed men and blindfolds.
11 days ago
Tom Brundy points to a newly built irrigation canal on one of the fields at his farm Tuesday, Feb. ...
Associated Press

Southwest farmers reluctant to idle farmland to save water

There is a growing sense that fallowing will have to be part of the solution to the increasingly desperate drought in the West.
18 days ago
A young bison calf stands in a pond with its herd at Bull Hollow, Okla., on Sept. 27, 2022. The cal...
Associated Press

US aims to restore bison herds to Native American lands after near extinction

U.S. officials will work to restore more large bison herds to Native American lands under a Friday order from Interior Secretary Deb Haaland.
18 days ago
Children play in a dried riverbed in Flassans-sur-Issole, southern France, Wednesday, March 1, 2023...
Associated Press

Italy, France confront 2nd year of western Europe drought

ROME (AP) — Bracing for Italy’s second consecutive year of drought for the first time in decades, Premier Giorgia Meloni huddled with ministers Wednesday to start mapping out an action plan Wednesday, joining France and other nations in western Europe grappling with scant winter rain and snow. Meloni and her ministers decided to appoint an […]
20 days ago

Sponsored Articles

(Photo by Michael Matthey/picture alliance via Getty Images)...
Cox Communications

Valley Boys & Girls Club uses esports to help kids make healthy choices

KTAR’s Community Spotlight focuses on the Boys & Girls Club of the Valley and the work to incorporate esports into children's lives.
(Pexels Photo)...

Sports gambling can be fun for adults, but it’s a dangerous game for children

While adults may find that sports gambling is a way to enhance the experience with more than just fandom on the line, it can be a dangerous proposition if children get involved in the activity.
...
Quantum Fiber

Stream 4K and more with powerful, high-speed fiber internet

Picking which streaming services to subscribe to are difficult choices, and there is no room for internet that cannot handle increased demands.
Judge dismisses case of Texas man who waited 6 hours to vote