Harford County Man Barred From Voting Over Mask Files Lawsuit

BL AIR, MD — The Fallston man who was arrested after authorities said he refused to put on a mask at an early voting site has filed a lawsuit over the matter.

Daniel Swain, 52, is suing the Harford County Board of Elections, Harford County Sheriff Jeffrey Gahler and Jarrettsville Volunteer Fire Company, court records show.

Swain is a retired correctional officer who earned the status of captain in Baltimore County, where he worked, according to the lawsuit, which states his 29-year career involved "advising the legislative team on issues of law," according to court documents obtained by WJLA.

The suit alleges Swain and his son were waiting in line to vote and after identifying themselves as Republicans, were told "they would not receive a ballot to vote unless they donned a face covering of any sort."

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.

Election officials informed deputies there was another area for people who could not or would not wear a mask. However, Swain would not comply, they said.

“The Harford County Board of Elections has made, and will continue to make, every effort to afford each eligible voter the opportunity to exercise his or her constitutional right to vote," according to a statement issued by the board Wednesday. "At the same time, we must protect the health of our citizens and the election staff by following Governor Hogan’s directives and the guidance of the Maryland State Board of Elections. Our goal is always a safe, fair and successful election.”

After 30 minutes of trying to resolve the situation, the Harford County Sheriff's Office reported its deputies arrested him. Swain, of the 700 block of Ithica Court in Fallston, was charged with trespassing on private property and failing to comply with a health emergency, court records show.

Swain's suit claims his rights were violated, and notes that both the acting director of elections in Harford County and the officer driving him to the detention center were not wearing masks during their interactions with him, which were not socially distant.

According to the suit, Swain and his son "felt intimidated, threatened, had their voting rights interfered with and were humiliated in front of their peers and the public, with great emotional and actual damages."

Court records show Judge Angela Eaves is to preside over a hearing in the case at 10:30 a.m.on Friday, Oct. 30, at Harford County Circuit Court.

See Also:

• Fallston Man Without Mask Arrested At Early Voting Site: Sheriff