Litigation and prosecution related to a mask mandate at the Island County Elections Office isn’t going away anytime soon.

The plaintiffs and attorneys in a lawsuit against the Island County auditor and the county canvassing board filed a notice May 1 that they are appealing a judge’s decision to dismiss the case.

Tim Hazelo and Tracy Abuhl, who were Republican election observers last year, filed a motion for an injunction earlier this year to prevent Auditor Sheilah Crider from enforcing her decision to require people in the ballot counting room to wear masks. Island County Prosecutor Greg Banks successfully sought to have the case dismissed.

Judge Joseph Wilson, a Snohomish County judge hearing the case in Island County, ruled that Auditor Sheilah Crider “clearly has the authority to control her work environment for the protection of her volunteers, staff and visitors.”

The notice of appeal to the state Court of Appeals, Division 1, identifies the attorneys for Hazelo and Abuhl as Austin Hatcher of Hatcher Law and Pete Serrano of the Silent Majority Foundation, an Eastern Washington conservative political group.

In addition, the criminal cases against Hazelo and Abuhl remain unresolved. Island County Prosecutor Greg Banks charged both of Hazelo and Abuhl with unauthorized access to a voting center, disorderly conduct and criminal trespass in the first degree. The unauthorized access charge is a felony. They both pleaded not guilty to the charges.

Last fall, Hazelo and Tracy Abuhl, the former vice chairperson of the county GOP party, separately went to the Elections Office as observers, refused to wear masks and refused to leave until law enforcement arrived, according to court documents.

Hazelo was scheduled to go on trial this week, but both sides agreed to a continuance. The attorneys on both sides are supposed work together and submit a scheduling order.

Abuhl is scheduled to go on trial June 24.