Felony Conviction of GOP Election Observer for Mask Refusal

Date: October 26, 2023

Subject: Review of the case of Tim Hazelo, a Republican election observer convicted of a felony for refusing to wear a mask in a ballot count room, and the alleged political motivations of the prosecuting attorney.

Source: Excerpts from "GOP election observer didn't wear mask — now faces jail, targeted by anti‑MAGA DA who smears Trump voters as 'racist bullies' | Blaze Media," Paul Sacca, July 11, 2025.

Executive Summary:

This briefing details the felony conviction of Tim Hazelo, a Navy veteran and Republican election observer, for "unauthorized access to a voting center" and "criminal trespass" in Island County, Washington. The charges stem from his refusal to wear a face mask in a ballot count room in November 2024. The case has gained significant attention due to allegations that the prosecuting attorney, Gregory Banks, a Democrat, has a history of anti-Trump and anti-Republican social media posts, leading to claims of politically motivated prosecution.

Key Themes and Most Important Ideas/Facts:

The Conviction and Charges:

Defendant: Tim Hazelo, a Navy veteran and former chairman of the Island County Republican Party.
Incident: On November 4, 2024, Hazelo was observing ballot counting in Island County, Washington, and refused to wear a face mask as mandated by Island County Auditor Sheilah Crider.
Mandate Justification: Crider stated the mandate was due to 50% of staff testing positive for COVID-19 during the August 2024 primary.
Offer of Alternatives: Hazelo was reportedly offered the option to wear a mask, observe from the hallway (though some said view was obstructed), or leave. He refused and was escorted out by police.
Initial Charges: Initially charged with misdemeanor disorderly conduct, which was later dismissed.
Subsequent Charges (February 2025): Misdemeanor counts of disorderly conduct and criminal trespass, plus one count of "unauthorized access to a voting center" – a Class C felony.
Outcome: A jury found Hazelo guilty of "unauthorized access to a voting center" and "criminal trespass" on Thursday (date not specified, but implying recent verdict). He faces up to a year in jail for the felony.
Appeal: Hazelo plans to appeal the conviction.

Dispute over Mask Mandate Legality and Enforcement:

Hazelo's Argument: Hazelo contends that Washington law does not grant a county auditor the authority to impose a mask mandate for election observers, suggesting such a decision should come from the health department. He stated, "They can say, 'Look it's highly recommended that if you feel sick, if you don't feel good, or you don't feel safe, or you're worried — we highly recommend you wear this mask.' A mandate goes too far." He also argued that signing in gave him "authorization to be there" and that "whether or not I followed the rules after I went in has nothing to do with whether I had authorization to be there to begin with, so 'unauthorized access' doesn't work."
Defense Attorney's Argument (Austin Hatcher): Hatcher stated that the Washington Administrative Code requires rules to be provided in writing, and "There's no mask requirement on this sheet of paper. There's no mask requirement on the official visitor and observer rules."
Prosecutor's Argument (Gregory Banks): Banks argued the case was about following instructions and the law for election administration, not debating masks. He stated, "Let's not get into a debate about masks. Follow the instructions, follow the law. This is about the administration of elections and the rules that allow that to happen." Banks also claimed Hazelo "had his own rules. His own rules are, 'I do what I want to do, I do it from the vantage point that I want, and I don't care about the rest of it.'" Banks retorted that the mask mandate was displayed on multiple signs throughout the office.

Allegations of Politically Motivated Prosecution:

Prosecutor's Identity: Gregory Banks, a Democrat and Island County Prosecuting Attorney.
History of Anti-Trump/Anti-MAGA Remarks: Banks has a documented history of disparaging remarks about Donald Trump and his supporters on social media.
Jason Rantz reported in 2019 that Banks' public Facebook account was "littered with vulgar, vicious smears against conservative voters and President Donald Trump."
The article states Banks "implied Trump supporters are members of the KKK and called them 'racist bullies with second-grade intellects and behavior disorders.'"
Banks reportedly pulled down these posts and sent a "mea culpa" to his staff in August 2019, admitting he had "done something pretty stupid" and was "unable to see the harm my posts may cause to our reputation."
However, Banks allegedly made another disparaging post in 2020: "The terrifying part is 38% of voters don't see anything wrong with that. Even after we flush Trump, we have a difficult job to cleanse society of their diseased thinking."
Targeting of Other Observers: Banks also charged another Republican election observer, Tracy Abuhl, with a felony count of "unauthorized access to a voting center" for refusing to wear a mask in November 2024. Abuhl stated, "I was very peaceful, very respectful, but no, this is unconstitutional... I'm there as a volunteer, a citizen. I was a Republican observer, and I couldn't do my job."
Hazelo's Stance: Hazelo stated, "We have to stand up when we believe something is wrong."

Implications:

The case highlights ongoing tensions surrounding election observation, public health mandates, and political polarization. The alleged political bias of the prosecuting attorney raises questions about the fairness and impartiality of the legal process, particularly concerning individuals associated with the "MAGA" movement. The outcome of the appeal will be significant in determining the legal precedent for similar situations and the perceived integrity of the justice system in politically charged cases.

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