Securing Washington Elections

The case of Tim Hazelo and Tracy Abuhl

On February 18th, 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 implementation of a masking "requirement" for election observers (elections observers are the individuals who watch the auditor’s office process ballots, ensuring that votes are properly allocated). This lawsuit challenges the authority of Island County Auditor to impose a mask mandate on ballot observers as such a mandate is outside of her scope and authority. Washington Annotated Code (WAC) 434-261-020¹ allows the Auditor and County Canvassing Board to issue written rules regarding the administration of duties performed at counting centers, the mask mandate is unrelated to ballot counting procedures, which are the focus of the relevant laws and rules. As such, the actions taken by Auditor Crider and the Island County Board of Elections is an ultra vires (beyond their legal power) action. SMF are seeking a court declaration that the mask rule and its delegation are invalid and request an injunction to prevent its enforcement.

Case Background

This case arises out of events that took place during the presidential election of 2024.

• On October 9, 2024, the Island County Canvassing Board amended its Administrative Rules, adding a provision allowing the County Auditor to “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 Ms. Abuhl, were asked to leave the Island County Counting Center for not wearing masks. On October 29, 2024, Mr. Hazelo and others were again told to leave for the same reason. **It is of note that other election workers were seen operating without masks but were allowed to continue to do so without interruption while Tim and Tracy were forced to leave and are facing criminal charges.

• 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,” Mr. 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, Mr. 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 County Auditor lacked authority to enforce the mandate. When informed he would receive a citation if he stayed, Plaintiff Hazelo left peacefully, escorted by Deputy Walker and Marshal Miller.

• Island County Prosecuting Attorney Gregory Banks has charged Tim Hazelo with a class C felony for unauthorized access to a voting center, along with misdemeanor counts of disorderly conduct and criminal trespass. A class C felony can carry a punishment of up to a year in jail and could strip Mr. Hazelo’s security clearance with the US Government, impacting his livelihood. The charges were escalated after Mr. Hazelo refused to plead guilty to a misdemeanor charge!

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The Battle Ahead

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.

As explained in our complaint:

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.²

RCW 29A.04.205³ provides that it “is the policy of the state of Washington to encourage every eligible person to register to vote and to participate fully in all elections, and to protect the integrity of the electoral process by providing equal access to the process while guarding against discrimination and fraud.”

SMF has taken this case to will continually protect our fundamental freedoms. This case is gaining statewide and national attention, which it deserves as it shines the light on risk of losing our Republic, or as some may say, it weakens our democracy. SMF is here to protect the Republic and is doing so, here, by seeking to ensure that elections are conducted freely and fairly.

Silent Majority Foundation relies on the donations and Memberships of our supporters to continue this crucial work of standing for your rights. Please donate at the link below to stand for Tim and Tracy and support the work of SMF!

1. https://app.leg.wa.gov/wac/default.aspx?cite=434-261-020

2. Complaint, Page 4

3. https://app.leg.wa.gov/rcw/default.aspx?cite=29A.04.205