Precedent-Setting Lawsuits Challenging Island County Elections Mask Mandate - Court and Trial Dates Set
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The case challenging the authority of Island County election officials to impose a health and mask mandate on 2024 general election observers is scheduled for a Civil Injunction Motion Hearing at Snohomish County Superior Court on Tues, March 25, at 8:30 am. The first Jury trial is scheduled at the Island County Superior Court for May 6.
The Silent Majority Foundation (SMF) filed a Complaint for Declaratory Judgment and Injunctive Relief on behalf of Republican Election Observers Tim Hazelo, Tracy Abuhl, and James Peterson for the actions taken by Island County, related to the masking "requirement" for election observers. The SMF attorney is Austin Hatcher / Hatcher Law PLLC.
Plaintiffs argue that the rule, issued by the Defendant, Island County Auditor Sheilah Crider, and supported by the Island County Canvassing Board, exceeds the authority granted under state law and election regulations.
Crider implemented the policy for the Island County ballot processing room due to a Covid outbreak during the Aug 2024 primary election, where 10 of Crider’s 14 election staff got Covid and became ill. She wrote: “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 room wear a protective face mask.”
Other witnesses say that a few of the elections staff still had symptoms of Covid entering the Nov 2024 general election.
Plaintiffs assert that the mandate is unrelated to ballot counting procedures, which are the focus of the relevant laws and rules, and claim it is an imposed mandate beyond the auditor’s scope and power.
Plaintiffs seek a court declaration that the mask rule and its delegation are invalid and request an injunction to prevent its enforcement.
Island County Prosecuting Attorney Greg Banks filed Civil and Criminal charges against Hazelo and Abuhl, per RCW 29A.84.555, in Island County Superior Court. Charges are: 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 is a Gross Misdemeanor.
Hazelo and Abuhl could EACH face up to a total of 6 years and 3 months in jail and $16,000 in fines, plus a potential of $42,000 in additional fines as “Restitution” to Island County (Civil and Criminal) if convicted of all the charges!
OF NOTE: Prosecutor Banks is a well-known leftist who does not like conservatives and has compared Trump supporters to the KKK, and has Called Trump Supporters ‘Racist Bullies.’
SYNOPSIS:
Oct 9, 2024, the Island County Canvassing Board amended its Administrative Rules, adding a provision that said:
“Impose on volunteers, employees, and persons observing any aspect of the process, generally applicable conditions determined by the Board or its delegee to be reasonably necessary to protect the health or safety of the public or persons present at a counting center during processing of ballots. The counting center is under the direction of the Auditor. The Auditor may require an observer who does not follow the established rules to leave the counting center. WAC 434-261-020."
Oct 25, 28, & 29, 2024, several observers, including Abuhl and Hazelo, were asked to leave the Island County Elections Counting Center for not wearing masks.
Subsequently, Hazelo and Abuhl delivered a “Cease-and-Desist” letter to Crider, demanding she stop enforcing the mask mandate.
Oct 28, an Island County Deputy Sheriff and Coupeville Town Marshal escorted Abuhl out of the Elections Office when she refused to wear a mask. She posted a video of the incident on social media, which caused an online and media uproar!
OF NOTE: Abuhl, Hazelo, and others say that election workers were seen conducting duties without masks and were not required to leave.
Nov 4, while serving as an approved election observer and having signed the “Official Observer and Visitor Rules,” Hazelo was approached by the Elections Supervisor and asked to wear a mask or leave.
After refusing to leave, an Island County Deputy Sheriff and a Coupeville Town Marshal showed up. Hazelo again refused, saying the Island County Auditor lacked authority to enforce the mandate. Hazel left the building with them and received a disorderly conduct citation.
The WA State Supreme Court recognizes that: “No right is more precious in a free country than that of having a voice in the election of those who make the laws under which, as good citizens, we must live. Other rights, even the most basic, are illusory if the right to vote is undermined.” McDonald v. Reed, 153 Wn.2d 201, 204, 103 P.3d 722 (2004) / Wesberry v. Sanders, 376 U.S. 1, 17, 84 S. Ct. 526 (1964).
This precious right, and the equally important ability to protect the integrity of the process, is being discarded. This discarding of basic rights regarding election procedures is why SMF represents the Plaintiffs to protect the right to ensure fair and open elections for everyone!
After two judges recused themselves, it was decided that Snohomish County Judge Joseph Wilson and Island County Judges Christian Skinner and Carolyn Cliff would be hearing the cases (Civil and Criminal). Here are a few of the preliminary scheduled court dates (subject to change):
Hazelo Motion Hearing: 3/25 @ 8:30 am - Jury Trial 5/6 @ 8:30 am - Judge Wilson
Abuhl Jury Trial: 6/26 @ 8:30 am - Judge Skinner
These all-important precedent-setting cases should once and for all decide if:
The authority of the Canvassing Board, the County Auditor, and elections officials is limited to ballot and canvassing processing…
And, if these groups and individuals:
Have the authority to make health rules - or to delegate authority to make and impose such rules…
Thank you to the Silent Majority Foundation for taking on these significant cases!
We are tracking both cases and will follow up as they progress through the judiciary system and as more details become available.
Bill Bruch
Bill Bruch is the WA State GOP Election Integrity Chairman, WSRP Executive Board Member, 5-Term Skagit County GOP Chairman, Citizen Journalist, Blogger, Business Owner, 2020 WA State House Representative Candidate, Former Council Member, and WA State 2016 and 2024 RNC National Convention Delegate.
Related Articles and links:
Securing Washington Elections - The Case of Tim Hazelo and Tracy Abuhl
Silent Majority Foundation - Restoring Election Integrity
SMF People v Hazelo - People v Abuhl Court Case Documents
Brandi Kruse Video interview of Tim Hazelo
North Whidbey Man Charged with a Felony over Refusal to Wear Mask in Elections Office
Local Prosecutor’s Unhinged Posts Call Trump Supporters ‘Racist Bullies’
The county auditor was clearly out of bounds. If she wanted to impose masking, there should be evidence that the county health department was actually requiring masking in this and all similar venues. Regardless, masking is a useless exercise with Covid. Hopefully, the judges will interpret the law and not make law in this case.