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Maryland elections board member resigns after being charged in Capitol riot

Carlos Ayala, of Salisbury, faces a felony charge of civil disorder and multiple misdemeanor counts.

WASHINGTON — A member of the Maryland State Board of Elections has resigned after being charged this week with a felony and multiple misdemeanor counts for allegedly joining an effort to breach the Senate Wing doors on Jan. 6.

Carlos Ayala, 52, of Salisbury, was appointed as a Republican member of the board last year. On Monday, a felony charge of civil disorder and four misdemeanor counts were unsealed against him in D.C. District Court. On Thursday, the chairman of the state elections board confirmed Ayal had resigned his post.

“As Chair of the Maryland State Board of Elections, I have accepted the immediate resignation of Carlos Ayala,” board chairman Michael G. Summers said in a written statement. “The Board is committed to maintaining the security and integrity of our elections in Maryland in a non-partisan manner. The State Board will remain steadfast in our mission to oversee our elections process and serve as a trusted source of information for all Marylanders during this presidential election year."

According to charging documents, Ayala, wearing an American flag sweatshirt and face mask, can be seen climbing a police barricade to access the Upper West Terrace of the U.S. Capitol on Jan. 6. In an image included in a statement of facts, a man identified as Ayala can be seen wearing a painter’s mask with air filters and carrying a PVC pipe with a black-and-white flag attached bearing the words “We the People” and an M-16-style rifle.

Credit: Department of Justice
A man the FBI has identified as Carlos Ayala, of Maryland, pictured scaling a wall and holding a flag during the Capitol riot on Jan. 6, 2021.

Investigators say Ayala can be seen waving the flag inside a window near the Senate Wing door – the site of the first breach of the building – around 2:40 p.m. on Jan. 6. The flag can later be seen jabbing at an officer, although investigators say Ayala cannot be seen on security footage at the time. According to charging documents, less tan 30 seconds later the doors were breach for the second time and a PVC pipe can be seen being thrown the door and striking an officer. The complaint filed against Ayala does not include any assault charges.

Ayala made an initial appearance in D.C. District Court on Tuesday and was granted pretrial release on personal recognizance. He was ordered to stay out of D.C. except for court business and not to possess a firearm or other weapon while he awaits trial.

Ayala isn’t the first public official to be charged in connection with the Capitol riot. In June 2022, former West Virginia state representative Derrick Evans was sentenced to three months in prison after pleading guilty to the same felony civil disorder charge Ayala is charged with. Evans had served in the Virginia State Legislature for approximately a month before resigning after his arrest. He is now running to represent West Virginia in Congress.

That same month, former New Mexico county commissioner and “Cowboys for Trump” founder Couy Griffin was sentenced to community service and a fine after he was convicted of entering and remaining in restricted grounds on Jan. 6. A New Mexico judge later ruled Griffin was disqualified from his post under Section 3 of the 14th Amendment, which bars any person who took an oath to support the Constitution from holding federal or state office if they “engaged in insurrection or rebellion” or gave “aid or comfort” to insurrectionists. The challenge to Griffin’s candidacy was filed by the non-profit watchdog organization CREW (Citizens for Responsibility and Ethics in Washington) that brought the successful suit to disqualify former President Donald Trump from the ballot in Colorado. CREW has also challenged Evans’ eligibility to run for Congress in West Virginia.

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