JARRETTSVILLE, Md. (WJZ) — A judge on Friday threw out a lawsuit from a Harford County man who refused to wear a mask at a polling center Monday and was arrested for trespassing.

Daniel Swain, 52, had filed the suit against Harford County Sheriff Jeffrey Gahler, the Harford County Board of Elections, Acting Director of the Harford County Board of Elections Kim Slusar and the Jarrettsville Volunteer Fire Company & Board of Directors after he was arrested for trespassing Monday afternoon while attempting to vote.

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Swain and his son Luke had gone to cast their ballots at the Jarrettsville Volunteer Fire Company early voting center Monday afternoon. Neither wore masks.

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Officials said deputies were called to the scene and spoke with the Swains for around 30 minutes. Luke left but Daniel Swain did not, at which point he was arrested.

Neither man is banned from voting and can still go back to vote if they wear masks, the Harford County Sheriff’s Office said.

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Daniel Swain is charged with trespassing and failure to comply with a health order. He was released on his own recognizance and is scheduled to have a trial on December 4, online court records show.

CBS Baltimore Staff