Harford County man sues election board, sheriff following arrest for not wearing mask to vote

BALTIMORE SUN |
OCT 28, 2020 AT 10:48 AM
A Fallston man has sued the Harford County Board of Elections and county Sheriff Jeffery Gahler following his arrest this week as he attempted to vote without a face mask. Daniel Swain 52, is shown in a handout photo from the sheriff's office.
A Fallston man has sued the Harford County Board of Elections and county Sheriff Jeffery Gahler following his arrest this week as he attempted to vote without a face mask. Daniel Swain 52, is shown in a handout photo from the sheriff's office. (handout / HANDOUT)

A Fallston man has sued the Harford County Board of Elections and county Sheriff Jeffery Gahler following his arrest this week as he attempted to vote without a face mask.

Daniel Swain and his son, Luke Swain, are seeking a temporary restraining order against the local board of elections; its acting director, Kimberley Slusar, the sheriff and the Jarrettsville Volunteer Fire Company, which hosted the voting center where deputies arrested Swain on Monday.

Swain, 52, along with his 22-year-old son, went to the firehouse to vote, but the pair refused to wear masks, according to charging documents. Election officials offered Swain, a former Baltimore County Department of Corrections captain who retired this year, the option of voting at an outdoor booth. Swain told three deputies that the request was “unconstitutional” and said Maryland law allowed people to vote inside without masks, the documents stated.

Maryland remains under an order requiring anyone over the age of 5 to wear face coverings while inside public spaces.

Swain is represented in the lawsuit by attorney and Republican Del. Daniel Cox, who earlier this year joined other legislators in suing Republican Gov. Larry Hogan over his orders banning large gatherings and closing most businesses. That suit argues the orders violate constitutional and federal laws protecting commerce, freedom of assembly, the right to protest and the right to practice their religion.

Federal courts rejected a temporary restraining order sought by Cox and his fellow plaintiffs, but the underlying lawsuit remains active.

Cox represents parts of Carroll and Frederick counties in the House of Delegates.

Cox filed Swain’s voting rights lawsuit on Tuesday in Harford County Circuit Court, according to online records.

Cox could not be immediately reached Wednesday for comment. Swain’s wife, Gayle Swain, said Monday that the family would not be speaking to the media on the advice of its attorney.

According to the charging documents, Swain refused several requests from election officials and deputies to wear a mask. He and his son were asked to leave the polling place, but only his son complied.

“When it was clear there were no other options, Mr. Swain was placed under arrest for the trespassing violation and the office of the Harford County state’s attorney was contacted and advised to charge Mr. Swain for a violation of the governor’s orders, in addition to the trespassing charge,” the sheriff’s office said Tuesday in a Facebook post.

Slusar, the county elections director, said Monday that Swain had not voted yet, and noted he was “given ample opportunity” to do so. Swain is not barred from any of the county’s four early voting centers, authorities said.

Slusar could not be immediately reached Wednesday for comment on the lawsuit.

State election officials said Tuesday that voters must wear masks inside voting centers, unless they have a disability or medical reason for being unable to do so. Voters without a medical excuse who refuse a mask that is offered to them must vote at a segregated voting booth. That booth may be outside or in a different area of the voting center.

Voters also still have the option of requesting an absentee ballot and picking it up at local board of elections.

Early voting began Monday in Maryland and continues through Nov. 2. Election Day is Nov. 3.