A Texas man who waited in line over six hours to vote at the Democratic primary elections in March 2020 was charged with illegally voting.

Hervis Earl Rogers cast his ballot in both November 2018 and March 2020, though he has been on parole for his past criminal records from 1989 and 1995.

According to the voting law in Texas, felons are only allowed to vote when they are done with parole. Rogers now faces up to 40 years in jail for his two illegal votes.

Following the charges, the American Civil Liberties Union of Texas, an organization currently defending Rogers in his legal battle, claimed that the law “should not intimidate people from voting.”

“The arrest and prosecution of Mr. Rogers should alarm all Texans,” Andre Segura, American Civil Liberties Union’s 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. 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.”

In March 2020, Roger made his name on national news for revealing that he waited more than six hours just to cast his ballot.

“I figured like it was my duty to vote,” Rogers told CNN in March 2020. “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.”

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