A Maryland man was arrested on Monday after he refused to wear a face covering inside a polling place, according to police.

During the first day of early voting, which state officials are anticipating will break records, Daniel Swain, 52, and his 22-year-old son went to a firehouse in Jarrettsville to vote. However, despite Maryland’s long-standing order from Republican Gov. Larry Hogan than anyone over 5 wear a face covering indoors, neither father or son Swain were wearing one, according to the Baltimore Sun.

Election officials offered Swain, a former Baltimore County Department of Corrections captain, the option of voting in an outdoor voting booth and the option of putting on a face mask to no avail. Swain reportedly called the requests “unconstitutional” and claimed there was no law that said he couldn’t vote indoors without a face mask.

After arguing for an unspecified amount of time, the Swains were asked to leave the polling place around 3:15 p.m. The younger Swain complied, but his father, a former Baltimore County Department of Corrections captain, refused and was arrested.

Swain was charged with trespassing and failure to comply with the executive order. Records indicate he was released on his own recognizance.

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