The former chairperson of the Island County Republican Party is now facing a felony charge in connection with his refusal to wear a mask in the county Elections Office last fall, according to court documents.

Prosecutors charged 57-year-old Tim Hazelo, a North Whidbey resident, in Island County Superior Court Feb. 6 with unauthorized access to a voting center, disorderly conduct and criminal trespass in the first degree.

The unauthorized access charge is a felony, disorderly conduct is a misdemeanor and criminal trespass in the first degree in a gross misdemeanor. Under the standard sentencing range, Hazelo could face up to a year in jail if convicted of the charges against him.

Hazelo was originally charged in district court with a single count of disorderly conduct. Island County Prosecutor Greg Banks said the district court case was dismissed when the superior court case was filed.

Banks said he escalated the charges to include a felony count after negotiations with Hazelo and his attorney did not result in an agreement.

Hazelo previously accused Banks of pursuing the case for political reasons. Banks previously ran as a Democrat but now filed as having “no party preference.” Banks denies any political-related bias and has repeatedly stressed the importance of ensuring the integrity of elections.

As Banks pointed out, it is not uncommon for prosecutors in the state to charge people suspected of committing first-time, less-serious felonies with misdemeanors in district court in an attempt to resolve a case quickly. The prosecutor often gives a defendant an expedited offer with a limited time to make a decision; if negotiations fail, the case can be re-filed as a felony, according to the filing standards document from the King County prosecutor’s office.

Hazelo and Tracy Abuhl, the former vice chair of the Island County Republican Party, were both accused of breaking the law by allegedly disturbing the process of counting ballots during the general election. Abuhl was charged with criminal trespass and disorderly conduct.

During the election season last year, Island County Auditor Sheilah Crider enacted a mask requirement in the small ballot counting room in the Elections Office in Coupeville. Crider wrote in an affidavit that 10 people in the office became ill and tested positive for COVID during the primary ballot recount in August.

“Because all of our volunteers are over the age of 65, and because we cannot afford to lose essential workers to perform the work of processing ballots, I have required that all staff, volunteers and observers in the ballot processing rooms wear a protective face mask,” she wrote.

Last October, police escorted Abuhl out of the Elections Office when she refused to wear a mask. She posted a video of the incident on social media, which caused an online uproar and was covered by regional news media.

Then on Nov. 4, Hazelo walked into the Elections Office and told a deputy that he wasn’t going to wear a mask in the ballot processing room, despite many signs posted around the office about the policy, according to the marshal’s report. Hazelo was offered another opportunity to wear a mask but he refused, saying that the auditor does not have authority under state law to impose such a rule.

The marshal asked Hazelo to leave. Hazelo asked if he was going to get a citation and said he would return if not cited, the report states. Hazelo apparently thought he needed to be cited to have standing in an injunction that he, Abuhl and local resident James Peterson filed against the auditor’s office to invalidate the mask mandate, according to the sheriff’s office.

Hazelo left the building and the marshal cited him for disorderly conduct.

The marshal’s report states that he later learned Hazelo also made a personal call from within the ballot processing room in “clear violation of the rule against use of electronic devices.”

On the morning of Election Day, Hazelo, Abuhl and Peterson filed the motion for a temporary restraining order and preliminary injunction against Crider. The motion argued that Crider doesn’t have the statutory authority to impose a health-related rule in her office.

Island County Superior Court Judge Christon Skinner heard the arguments that afternoon. Skinner ruled that only Peterson was allowed to continue as a plaintiff since the others didn’t sign the document and Hazelo wasn’t present. Banks represented Crider.

Skinner denied the motion for the injunction but said it wasn’t frivolous.

Hazelo could not be immediately reached for comment. Earlier this year, he said he will fight the criminal charge and continue to pursue the cvil case.

“It has nothing to do with masks. That was just the catalyst,” he said earlier this year. “The question is whether a low-level politician can make up arbitrary rules and impose them on the public.”