A hubbub over a mask mandate in the Island County Elections Office spawned county, statewide and national attention last week.

A conservative nonprofit group in Eastern Washington and the Island County Republican Party officially took sides against the mandate. The New York Post, a conservative tabloid newspaper founded by Alexander Hamilton, ran a story about the Island County prosecutor charging Tim Hazelo, the former chairperson of the county Republican Party, with a felony for alleged unauthorized access to a voting center.

“Police were called on the 57-year-old when he refused to follow the mask-mandate that Island County Auditor Shelia (sic) Crider had imposed on local ballot-counting rooms — a measure that Hazelo says the elected official had no legal right to establish,” according to the article entitled “U.S. election observer charged with felony after refusing to wear mask during 2024 presidential count.”

After the News-Times ran an article about the felony charge early this month, a Seattle TV station followed up with a story that included police body camera video.

On Feb. 18, the Silent Majority Foundation, an Eastern Washington organization, filed a complaint for declaratory and injunctive relief in Island County Superior Court on behalf of Hazelo, Tracy Abuhl and James Peterson. The lawsuit was filed against Island County government as a whole and also names Crider, Prosecutor Greg Banks and Commissioner Jill Johnson as defendants.

The complaint argues that neither the auditor nor the canvassing board — which consists of the auditor, prosecutor and the chair of the board of county commissioners — have the authority to make health rules; it asks a judge to declare the mask mandate void.

“SMF brings this case to protect our election procedures, ensuring that they remain free from discriminatory actions that inhibit the free exercise of our rights regarding fair elections,” the Silent Majority Foundation said in a press release.

In addition, the Island County Republican Party officials voted to adopt a resolution asking Crider, who is a Republican, to rescind the mandate.

“As the party of ordered liberty,” the resolution states, “we do not dispute the right of any individual who wishes to personally wear a mask, but we do not and cannot support the imposition of a mask mandate on other citizens.”

A resolution for the county Republican Party to fund Hazelo’s legal defense expenses did not pass.

During the election season last year, Crider enacted a mask requirement in the small ballot counting room in the Elections Office in Coupeville. Crider wrote in an affidavit that 10 people in the office became ill and tested positive for COVID during the primary ballot recount in August

“Because all of our volunteers are over the age of 65, and because we cannot afford to lose essential workers to perform the work of processing ballots, I have required that all staff, volunteers and observers in the ballot processing rooms wear a protective face mask,” she wrote.

On Oct. 9, 2024, the canvassing board amended its administrative rules by adding a provision which authorized the auditor to impose conditions to protect the health and safety of people in the counting center during the procession of ballots.

On Oct. 25 and 28, several observers, including Abuhl, were told to leave the counting center because they were not wearing masks, according to the complaint for declaratory and injunctive relief. Like Hazelo, Abuhl was an election observer because of her role in the Republican Party.

On Oct. 29, Hazelo and others were asked to leave the counting center because they were not wearing masks. Following that, Hazelo and Aduhl hand-delivered a “cease-and-desist letter” to Crider, demanding that she stop enforcing the mask requirement.

Then on Nov. 4, Hazelo returned to the Elections Office and refused to wear a mask despite the many signs posted around the office about the policy. A deputy and the Coupeville Marshal responded to the scene and also asked Hazelo to wear a mask or leave. He refused, saying that the auditor didn’t have the authority to impose the rule.

Hazelo asked the town marshal if he was going to get a citation and said he would return if not cited, the police report states. Hazelo left the building and the marshal cited him for disorderly conduct.

The New York Post story states that body cam video shows that Hazelo was non-combative but told an election worker “I know who you are” as he left; the election worker said he felt threatened by the comment.

On the morning of Election Day, Hazelo, Abuhl and Peterson, a local resident, filed a motion for a temporary restraining order and preliminary injunction against Crider. The motion argued that Crider doesn’t have the statutory authority to impose a health-related rule in her office.

Island County Superior Court Judge Christon Skinner heard the arguments that afternoon. Skinner ruled that only Peterson was allowed to continue as a plaintiff since the others didn’t sign the document and Hazelo wasn’t present. Banks represented Crider.

Skinner denied the motion for a restraining order and preliminary injunction but said the plaintiffs could still seek declaratory relief.

The prosecutor’s office originally charged Hazelo in district court with a single count of disorderly conduct. Banks later dismissed the charge in district court and refiled in superior court with unauthorized access to a voting center, disorderly conduct and criminal trespass in the first degree.

The unauthorized access charge is a felony, disorderly conduct is a misdemeanor and criminal trespass in the first degree in a gross misdemeanor. Under the standard sentencing range, Hazelo could face up to a year in jail if convicted of the charges against him.