fighting DISCRIMINATORY ACTIONS IN ELECTIONS

On February 18, 2025 Silent Majority Foundation filed a Complaint for Declaratory Judgment and Injunctive Relief on behalf of Tim Hazelo, Tracy Abuhl, and James Peterson, for the actions taken by Island County related to the masking "requirement" for election observers. This case challenges the authority of Island County officials to impose a mask mandate on ballot observers. Plaintiffs argue that the rule, issued by Defendant Crider and supported by the Island County Canvassing Board, exceeds the authority granted under Washington law and election regulations. They 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 ultra vires (beyond their legal power) action. Plaintiffs seek a court declaration that the mask rule and its delegation are invalid and request an injunction to prevent its enforcement.

BACKGROUND

On October 9, 2024, the Island County Canvassing Board amended its Administrative Rules, adding a provision “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."

On October 25 and 28, 2024, several observers, including Plaintiff Abuhl, were asked to leave the Island County Counting Center for not wearing masks. **It is of note that other election workers were seen conducting duties without masks and were not required to leave.

On October 29, 2024, Plaintiff Timothy Hazelo and others were again told to leave for the same reason.

As the-then serving Chair and Vice-Chair of the Island County GOP, Plaintiffs Hazelo and Abuhl delivered a “cease-and-desist” letter to Defendant Sheilah Crider, demanding she stop enforcing the mask mandate.

On November 4, 2024, while serving as an approved observer and having signed the “Official Observer and Visitor Rules,” Plaintiff Hazelo was approached by Elections Supervisor Michele Reagan and asked to wear a mask or leave. The rules issued by Defendant Crider did not include any mask requirement.

After refusing to leave, Plaintiff Hazelo was contacted by Deputy G. Walker of the Island County Sheriff’s Office and Marshal V. Miller of the Coupeville Marshal’s Office. He again refused, claiming the Island County Auditor lacked authority to enforce the mandate. When informed he would receive a citation if he stayed, Plaintiff Hazelo left, escorted by Deputy Walker and Marshal Miller.

The Washington Supreme Court recognizes that “[n]o 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) (citing Wesberry v. Sanders, 376 U.S. 1, 17, 84 S. Ct. 526 (1964)). And yet this precious right, and the equally important ability to protect the integrity of the process, is being whimsically discarded. This discarding of basic rights regarding election procedures is why Silent Majority Foundation takes this action on behalf of our Plaintiff's to protect the right to ensure fair and open elections for everyone.

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