>
> Harford County man sues election board, sheriff following arrest for not
> wearing mask to vote
> By EMILY OPILO
> <https://www.baltimoresun.com/mc-bio-emily-opilo-staff.html#nt=byline>
> BALTIMORE SUN |
> OCT 28, 2020 AT 10:48 AM
>
> <?subject=Harford%20County%20man%20sues%20election%20board%2C%20sheriff%20following%20arrest%20for%20not%20wearing%20mask%20to%20vote&body=https%3A%2F%2Fwww.baltimoresun.com%2Fpolitics%2Felections%2Fbs-pr-md-pol-mask-lawsuit-20201028-ngqagdhbujbz7fc7fifebqbmu4-story.html>
> [image: 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
> <https://www.baltimoresun.com/politics/elections/bs-pr-pol-harford-county-vote-face-mask-arrest-20201027-btc7vrmvj5g3zoljvev6cyqbxq-story.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+baltimoresun%2Ffeatures%2Flifestyle%2Fbal-backstory-rss2+%28Back+Story%29>,
> 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
> <https://www.baltimoresun.com/coronavirus/bs-md-cox-hogan-federal-court-20200503-6vyfomqmdfg3bpw2peiuje6g4a-story.html>
>  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.
> *[Related] Received? Accepted? How to decipher the status of your Maryland
> vote-by-mail ballot. »
> <https://www.baltimoresun.com/politics/elections/bs-md-pol-ballot-status-20200606-5ldvxdqrlzavfbyu3zforhzpsm-story.html#nt=interstitial-auto>*
>
> 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.
> *[Related] Maryland Gov. Hogan: To fix crime, maybe ‘I’ll just run for
> mayor of Baltimore' »
> <https://www.baltimoresun.com/politics/bs-md-ci-hogan-baltimore-mayor-20201027-awoglgxf6rdl3n7juidwcverra-story.html#nt=interstitial-auto>*
>
> 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.
> *[Related] Harford County voter arrested after refusing to wear a mask
> inside polling place, police say »
> <https://www.baltimoresun.com/politics/elections/bs-pr-pol-harford-county-vote-face-mask-arrest-20201027-btc7vrmvj5g3zoljvev6cyqbxq-story.html#nt=interstitial-auto>*
>
> 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.
> *[Related] A guide to Baltimore ballot questions and other referendums for
> Maryland voters »
> <https://www.baltimoresun.com/politics/elections/bs-md-pol-ballot-questions-november-20201002-5smkbrfgsjdjnb2trrsdqwpwi4-story.html#nt=interstitial-auto>*
>
> 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.
> *[Related] Referendum would upend more than a century of governors'
> control over budgets, give more power to legislators »
> <https://www.baltimoresun.com/politics/elections/bs-md-pol-ballot-question-1-20201011-xmvdgrrqsjgslf2u4yalskxlza-story.html#nt=interstitial-auto>*
>
> 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.
> <https://www.baltimoresun.com/mc-bio-emily-opilo-staff.html#nt=author-bio>
>
>
>
---

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