Texas Attorney General Ken Paxton's Office charged Hervis Rogers, 62, of Houston, with felony voting fraud for casting his ballot for President Joe Biden in the Democrat primary in March 2020 while he was still on parole.
Viral social media videos and media reports highlighted Rogers for waiting some six hours to vote and being the "last man in line" at Texas Southern State University on Super Tuesday, NPR reported Saturday.
He was arrested on two counts of voter fraud at his Houston home and was jailed with bail set at $100,000.
According to the story, Rogers cast his votes before his parole was scheduled to end June 13, 2020, for a 1995 burglary and intent to commit theft conviction, which carried a 25-year prison sentence.
He had been out on parole since May 2004, which made him ineligible to vote under state law until the parole period ended.
ACLU of Texas Legal Director Andre Segura wrote in a statement on Twitter:
"Mr. Rogers is being held in jail on an extremely high bail amount that he cannot afford for what amounts to simply attempting to fulfill his civic duty. This is not justice. Mr. Rogers made headlines after waiting hours for what he thought was his civic duty and was very proud of that. We shouldn't be prosecuting people for innocent mistakes."
He is being represented by that organization and attorney DeBorde Hochglaube, according to the report.
With his previous record, Rogers could face up to 25 years in jail on each count, a criminal defense attorney told a Texas television news outlet.
Supporters of Rogers have set up a GoFundMe account for him that has raised almost $90,000 so far.
The arrest comes as Texas state legislators are considering Republican sponsored voting integrity bills that tighten up regulations during a special session.
Some Democrats are threatening to leave the state to block the bill's passage and Republican Gov. Greg Abbott's signature.
According to the report, Paxton has charged 130 people with voting law violations since becoming attorney general.
In June, Paxton's Election Fraud Unit arrested Victoria County resident Monica Mendez on multiple counts of illegal voting, unlawfully assisting voter voting ballot by mail, unlawful possession of a ballot and election fraud for election code violations during the 2018 Bloomington Water District Election, according to a news release from Paxton's office.
She was booked and jailed after a county Grand Jury returned an indictment bill on the felony charges.
Paxton also charged Rachel Rodriguez in January for numerous election fraud violations following videos of her speaking to an undercover representative from the Project Veritas whistleblowing organization.
In the videos, she allegedly admitted she knew her activities and actions were not legal, according to Paxton's office.
"Many continue to claim that there's no such thing as election fraud," Paxton said in the news release. "We have always known that such a claim is false and misleading, and today we have additional hard evidence. This is a victory for election integrity and a strong signal that anyone who attempts to defraud the people of Texas, deprive them of their vote, or undermine the integrity of elections will be brought to justice.
"The shocking and blatantly illegal action documented by Project Veritas demonstrates a form of election fraud my office continually investigates and prosecutes. I am fiercely committed to ensuring the voting process is secure and fair throughout the state, and my office is prepared to assist any Texas county in combating this insidious, un-American form of fraud."
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