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A Harford County man who was arrested after trying to vote without a mask on Monday is suing the local board of elections, arguing that his arrest was unlawful 鈥� and a Republican lawmaker is providing legal representation.
Daniel Swain, 52, a retired Baltimore County Department of Corrections captain, and his 22-year-old son refused to wear masks when they arrived to vote at the Jarrettsville Volunteer Fire Company on Monday, according to the Harford County Sheriff鈥檚 Office.
Swain was charged with trespassing after he refused to leave the voting center when asked by election officials.
Now, Swain and his son are suing the Harford County Board of Elections and county Sheriff Jeffrey Gahler (R). According to the lawsuit, the pair were only ordered to wear masks once they were inside the facility and election staff learned that they were Republicans. The Swains want a temporary restraining order against the local board of elections so they can vote without having to don a face covering.
Swain and his son are being represented by state Del. Daniel L. Cox (R-Frederick), who previously slammed Republican Gov. Lawrence J. Hogan鈥檚 coronavirus-related restrictions as an authoritative overstep.
鈥淢y client was held for over six hours in jail and was only released after he was forced to don a face covering and, like in a Communist State, forced to sign a statement that he would obey the Governor鈥檚 executive orders,鈥� Cox wrote in a news release. 鈥淣either he nor his son have yet been permitted to vote because of threats to arrest them if they do not do so with a face covering, which they object to.鈥�
Cox went on to write that Swain shouldn鈥檛 have been charged with trespassing, and that the charge is 鈥減otentially false and defamatory.鈥� Police, on the other hand, argued that the arrest was justified, since Swain was refusing to follow Hogan鈥檚 order requiring face masks in public spaces.
鈥淪heriff Gahler has been very clear that deputies would handle reported mask violations through education and would not be making arrests or issuing criminal citations solely for refusing to follow the Governors鈥� order on wearing masks,鈥� a statement from the Harford County Sheriff鈥檚 Office reads. 鈥淗owever; if a private property owner, store manager, or in this case, Election Official needed assistance in having a person vacate a premise, we would enforce a trespassing violation. That is exactly what occurred in the following incident.鈥�
Deputies were told on the scene that election officials had designated an area for voters who were 鈥渦nable or unwilling鈥� to wear a mask. According to the sheriff鈥檚 office statement, Swain and his son refused to vote in that area.
In a Wednesday statement, the Harford County Board of Elections did not directly address Swain鈥檚 lawsuit. Instead, officials wrote about balancing Marylanders鈥� right to vote with public health orders.
鈥淭he Harford County Board of Elections has made, and will continue to make, every effort to afford each eligible voter the opportunity to exercise his or her constitutional right to vote,鈥� local election officials wrote. 鈥淎t the same time, we must protect the health of our citizens and the election staff by following Governor Hogan鈥檚 directives and the guidance of the Maryland State Board of Elections. Our goal is always a safe, fair and successful election.鈥�
