Maryland Man Charged With Trespassing After Refusing To Wear A Mask To Vote

Topline

A man in Maryland was arrested at a polling location this week after he allegedly refused to wear a mask while voting, as new coronavirus cases spike during early voting across the country.

Key Facts

According to a Tuesday statement from the Harford County Sheriff’s Office, 52-year-old Daniel Swain was arrested Monday on trespassing charges after he refused to put on a mask to vote and then declined to leave the polling site when asked to by officials.

The Board of Elections for Harford County, located in the northeast part of the state, had set up a special area for voters who were either “unable or unwilling” to cover their face while voting, but according to the statement, Swain and a man he was with refused to use it.

When police responded to a call that two men were not complying with the directions of election officials, one man (identified as Swain’s son by the Baltimore Sun) left the scene, while Swain refused to leave, at which point he was arrested for trespassing.

According to the sheriff’s statement, the Harford County state attorney’s office was advised to also charge Swain with violating Gov. Larry Hogan’s masking order that was expanded to include most indoor spaces in July.

The Baltimore Sun reported Swain was released from a county detention center later that same day.

Even after the incident, he’s still welcome to make his voice heard in the election, the sheriff’s office noted in a statement: “Mr. Swain was not banned from the location, and is still able to cast his ballot.”

What To Watch

What will come of a lawsuit Swain reportedly filed Tuesday. According to a report from the Washington Post, Swain said the county election officials and sheriff’s office obstructed his constitutional right to cast a ballot. “I feel disenfranchised,” he told the newspaper. He is reportedly suing for monetary damages and for the county to undergo training about voting rights. The Washington Post reported he is also seeking a temporary restraining order to keep election officials from mandating that other voters wear face coverings.

Key Background

Coronavirus cases have spiked in much of the U.S. to levels higher than the previous peak in July, just as many states have opened polling locations for early voting periods. Despite the coronavirus pandemic, jurisdictions across the country are counting record-breaking numbers of ballots cast. According to a CNN analysis last week, officials in 29 of the 33 U.S. states with masking orders in effect said a voter refusing to wear a face covering would not be barred from voting. Many jurisdictions, like Harford County, have set up alternative voting systems for voters who don’t or can’t wear masks, while some states have said their mask mandates don’t apply to voting sites.

Further Reading

Harford County voter arrested after refusing to wear a mask inside polling place, police say (Baltimore Sun)

Maryland man arrested after trying to vote without a mask has sued, saying rights were violated (Washington Post)

States grapple with mask rules at polls to avoid dangers of both superspreaders and standoffs (CNN)

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