AKRON, Ohio – Summit County’s four-member election board deadlocked Thursday in a party-line vote on whether to cancel Democratic U.S. Rep. Emilia Sykes’ voter registration in Akron over a residency challenge, punting the final decision to GOP Secretary of State Frank LaRose.
Republicans challenged the congresswoman’s registration after Sykes’ husband – Franklin County Commissioner Kevin Boyce – listed her as a member of his household on a routine ethics form. The couple say they maintain separate residences.
The measure now goes to LaRose to resolve the tie. LaRose broke a previous tie to allow a hearing to go forward on the complaint filed by longtime Republican party activist Tom Zawistowki, who questioned Sykes’ eligibility to keep voting at her longtime Akron address.
“Looking at documents that were available publicly, it seemed that her residence was in Columbus, not here, and that was kind of surprising to me,” Zawistowski told the board.
Sykes’ attorney, Don McTigue, described the complaint as “spurious” and urged that it be rejected. He said Sykes has lived at her home on Howard Street for 11 years. The address is listed on her drivers license and on her pay stub for her job in Congress, said McTigue, and a legal memo he presented the board showed bills addressed to her there. He said Zawistowski’s complaint failed to show her residence isn’t legitimate.
“I hope that we’re well past the day when we are going to make assumptions that a woman’s residence is where her husband lives, or vice versa,” said McTigue.
Sykes and Boyce both submitted affidavits that said Sykes resides in Akron, and Boyce filed an affidavit with the Ohio Ethics Commission to clarify his wife’s Akron residence, even though he described her as part of his “household” on his financial disclosure statement. He said he listed her that way out of “an abundance of caution,” because there was nowhere else on the form to list his spouse and he was unsure how households would be defined.
McTigue said Sykes has lived in Akron her whole life, except for when she went to college and graduate school, and has been deeply involved in the community for years. Before representing the area in Congress, she served as a state legislator.
“The fact is that under Ohio law, a person can have more than one residence,” said McTigue. “No evidence has been put forward today to establish that the residence on Howard Street in the city of Akron is not a bona fide or legitimate residence for the congresswoman.”
He also noted that Sykes’ grandparents in Arkansas had not been allowed to vote until the Voting Rights Act was adopted in 1965, and accused the complainants of trying to take away Sykes’ right to vote.
Ohio law doesn’t require that members of Congress live in their congressional district. Sykes is running for reelection in one of the few competitive congressional districts in Ohio. Her GOP challenger- former Ohio legislator Kevin Coughlin of Bath Township – released a statement that accused Sykes of lying about where she lives, and criticized her for not attending the Board of Elections hearing in person.
“If she doesn’t live in Northeast Ohio, why should we trust her to be our voice in Congress?” Coughlin’s statement said.
Republicans on the Board of Elections also criticized Sykes for not attending the hearing, with Summit County GOP Treasurer Ray Weber saying he’d give “very little weight” to the affidavit she presented.
Board members also discussed the relevance of a 2009 Ohio Supreme Court decision that found now-Lt. Gov. Jon Husted was a resident of Montgomery County for election purposes, even though he also maintained a residence in the Columbus area.
Republicans said that Husted had testified in person during his case, while Sykes did not, so they couldn’t cross examine her. McTigue said the affidavit provided sufficient proof.
Democratic election board member Valerie J. McKitrick agreed that Sykes had made her case.
“I think she’s set forth what she needs to set forth,” said McKitrick, who is an officer of the Summit County Democratic party.
A statement that Sykes released after the meeting called it an effort to disenfranchise her vote and distract from issues that voters care about, like lowering costs, keeping communities safe, quality affordable health care and protecting democracy.
“I am a proud daughter of Akron and I am grateful to call this community my home,” said Sykes. “Anyone who says otherwise is purposely spreading a deeply offensive lie for political purposes.”
Board of election members said Sykes will be allowed to vote in Akron until the case is resolved. After the hearing, Sykes recorded a video outside the board of elections office that said she had cast her ballot.