Washington GOP Election Observers Face Legal Issues Over Mask Refusal

In November 2024, Republican election observers in Washington chose not to wear face masks in a vote counting area, which has led to serious legal consequences, including potential felony charges and prison time.

Tim Heyzero, a Navy veteran and former chairman of the Island County Republican Party, was present on November 4, 2024, to monitor the vote count.

Prosecutors have reportedly described supporters of Donald Trump in derogatory terms, comparing them to the KKK and labeling them as “racist bullies” with a lack of intelligence.

Island County auditor Sheilakryder implemented a mask order within parts of the election office following a surge of Covid-19 cases among her staff—50% tested positive during the August primaries.

Observers who opted against wearing masks indicated they could still monitor votes from the hallway but claimed their ability to oversee the process was hindered.

Heyzero was asked to wear a mask, to move into the hallway, and ultimately to leave the facility. He reportedly refused to comply and was escorted out by law enforcement.

According to an arrest report, Heyzero was given a final warning to adhere to the mask policy set by the Island County Auditors while in the vote processing room.

Heyzero initially faced misdemeanor charges for disorderly conduct, which were dismissed. However, in February 2025, he was charged anew by prosecutors with unauthorized access to voting centers, as well as additional disorderly conduct and criminal trespassing charges.

Island County Prosecutor Gregory Banks pursued a felony charge against Heyzero, which could result in a year in prison.

Records indicate that Banks has a history of making controversial remarks about Trump supporters on social media.

Conservative commentator Jason Lantz has mentioned that Banks has used social media to disparage conservative voters and Trump in the past.

After backlash, Banks deleted many of his posts and issued an apology, acknowledging the harm such statements could cause.

He stated he did not treat employees differently based on their political views but encouraged anyone concerned to speak to him or HR.

Interestingly, Banks continued to post light-hearted comments about Trump supporters even after the controversy.

Another Republican observer, Tracy Abuhl, was similarly charged with a felony related to unauthorized access for not wearing a mask at the same election office.

Abuhl claimed he was respectful and peaceful during the incident but felt his rights were being infringed upon as a volunteer observer.

Heyzero expressed the belief that when something feels unjust, one must take a stand. He contended that Washington state law does not empower county auditors to enforce mask mandates on election observers.

In discussions, Banks asserted that observers must follow established rules for election administration and denounced Heyzero’s actions as self-serving.

Heyzero’s lawyer argued that the administrative regulations did not specify any mask requirement. He pointed out that Heyzero had signed in and was allowed to be in the voting processing center.

Banks refuted this by stating that mask mandates were clearly posted throughout the office.

Heyzero plans to appeal his conviction after being found guilty of unauthorized access and criminal trespassing.

No responses were available from the offices of either Heyzero or Banks at the time of publication.