Crime & Safety

Fallston Man Without Mask Arrested At Early Voting Site: Sheriff

A man in Harford County was charged with trespassing and failing to comply with the governor's order around mask usage.

Daniel Swain, 52, of Fallston, is charged with trespassing on private property and failing to comply with a health emergency, court records show.
Daniel Swain, 52, of Fallston, is charged with trespassing on private property and failing to comply with a health emergency, court records show. (Harford County Sheriff's Office)

JARRETTSVILLE, MD — A Fallston man was reportedly arrested after he refused to wear a mask at a polling place during the first day of early voting in Harford County.

Daniel Swain, 52, of the 700 block of Ithica Court, is charged with trespassing on private property and failing to comply with a health emergency, court records show.

Authorities said deputies were called to the Jarrettsville Volunteer Fire Company at 2:46 p.m. on Monday for two people who were not following directions of elections officials. A father and son would not put on face coverings at the early voting site, despite the state mandate to do so in public places indoors, officials reported.

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Election officials at the site informed deputies that there was another area for people who could not or would not wear a mask. However, Swain would not comply.

"Deputies worked to resolve the situation for nearly 30 minutes. At that time, one man complied and left the premises," the Harford County Sheriff's Office said in a statement. "However, Mr. Swain made the choice to continue to refuse to comply directives given by the Election Judge. When it was clear there were no other options, Mr. Swain was placed under arrest."

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He was released on his own recognizance, and court records show his case is to be heard in Harford County District Court Dec. 4.

Swain is a former Baltimore County correctional officer, according to WBAL.

Deputies said they took him to the Harford County Detention Center to be charged.

"It is worth noting, Mr. Swain was not banned from the location, and is still able to cast his ballot," the Harford County Sheriff's Office said in a statement.

"Since the coronavirus pandemic began, Sheriff Jeffrey 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’ order on wearing masks," the sheriff's office reported. "However; 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. While the polls are open to the public, they are subject to compliance with the rules and regulations set forth by the Board of Elections and the Governor of Maryland."

Related: Early Voting In Bel Air: Where To Vote

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