Last-minute hearing could determine whether vulnerable House Dem can vote for herself in key race

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Democratic Rep. Emilia Sykes, who is running for re-election in one of the most closely watched House races in the country, is facing questions about her ability to vote for herself in November amid a probe into whether her primary residence is in her district.

The controversy stems from a complaint filed by Republican activist Tom Zawistowski citing a financial disclosure form from Sykes’ husband, Franklin County Commissioner Kevin Boyce, listing Sykes as living with him in Columbus, Ohio, outside of Ohio’s 13th Congressional District, the Akron Beacon Journal reported.

The Summit County Board of Elections, made up of two Democrats and two Republicans, deadlocked on party lines in a vote on whether to investigate that complaint. The tie-breaking vote went to Ohio’s Republican Secretary of State Frank LaRose, who voted in favor of an investigation, and a hearing will be held on Thursday morning on the issue of Sykes’ eligibility to vote in her Akron district.

"Here, the Democratic members of the Board submitted a four-page position statement laying out arguments that would be presented and considered at a formal hearing," LaRose wrote in a letter to the board outlining his decision to vote with the Republican members. 

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A hearing will be held on Thursday to determine Rep. Emilia Sykes' voter eligibility. (Fox News)

"They conclude that ‘[t]he challenger has not alleged that Congresswoman Sykes has abandoned or failed to maintain her Summit County residence, nor has he alleged that she has chosen to make a habitation (i.e., residence) elsewhere her residence for voting purposes.’ Reaching this conclusion prior to a hearing negates the very purpose of the hearing itself, before which the challenged voter is notified of the meeting and afforded a ‘right to appear and testify, call witnesses, and be represented by counsel.’ In advance of a hearing, the Board also would have the opportunity to seek guidance from its own legal counsel, the county prosecuting attorney, regarding the statutory residency requirements of voter registration."

LaRose added, "Based on my review of the evidence presented to me and the relevant laws applicable to this matter, I have determined that the Board has not fully complied with the challenge process required by state law and administrative directive. Therefore, I join the two Board members who sought to pursue that process and hereby break the tie in favor of the motion to conduct a hearing on the challenge."

Sykes, whose family history in Akron politics goes back decades, is not legally required to live full-time in her district to run and serve in Congress, but Republicans argue that Sykes is not eligible to vote for herself in Akron, which could mean having to place a provisional ballot. 

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Democrats were presented a sworn statement from Boyce that Sykes was listed on the form out of "an abundance of caution" over uncertainty about what the form specifically required, and the election board reportedly saw a lease in Columbus without Sykes’ name on it. 

Additionally, Fox News Digital reviewed two documents showing Sykes with an Akron address, including a direct deposit slip from a congressional paycheck in September and a bill from a physical therapy office.

In her 2022 disclosure form, Sykes reported owning property in Columbus. Records also show that since 2018, the Sykes family trust has benefited from an owner occupant tax credit in Columbus.

Ultimately, Republicans and LaRose decided to vote in favor of having Sykes explain to the board where she resides on Thursday morning, although she is not required to attend in person and is allowed to send legal representation. 

"Career politicians like Emilia Sykes think the rules don’t apply to them," former Ohio GOP State Sen. Kevin Coughlin told Fox News Digital in a statement. "She may not even be able to legally vote for herself. Why should we trust her to vote on our behalf in Congress? Voters want true representation for Northeast Ohio, and that’s why they’ll vote Emilia Sykes out this November."

NRCC spokesman Mike Marinella told Fox News Digital, "Northeast Ohioans are dealing with the unfortunate consequences of Sykes' extreme policies that have led to open borders, unsafe communities and a crippled economy — but she would never know because she'd rather be selling out her constituents with her elitist liberal friends in Columbus and Washington. Northeast Ohio deserves better."

The Sykes campaign released a statement calling the hearing a "sham partisan hearing" and blasted her opponent, Coughlin. 

‘"Emilia Sykes lives in Akron and this desperate lie is an example of how Kevin Coughlin represents everything the voters of Ohio’s 13th Congressional district hate about Politics," Sykes campaign manager Maddie Summers said. "Whether it’s the ethics investigation for awarding a government contract to his friend, his obstruction of public record requests or using taxpayer dollars to pay a campaign supporter, it’s no wonder his own colleagues have called him ‘personally repugnant.’ Northeast Ohioans will reject Coughlin’s pathetic attempt to rob them of their voice."

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Ohio House Minority Leader Emilia Sykes delivers the Democrat's response to Gov. Mike DeWine's State of the State address at the Ohio Statehouse in Columbus on March 5, 2019. (AP Photo/Paul Vernon, File)

Democrat board members in the meeting made the case that the complaint from Zawistowski did not sufficiently show that Sykes did anything wrong and state law permits multiple residences and has been interpreted in the past as allowing individuals to state they "intend" to return to their registered address in order to vote.

"People who are married have the ability to maintain separate residences, and people do that," Democratic board member William Rich said in the meeting which was posted online.

"When someone has more than one residence, it’s essentially their choice about which one to use as their voting residence," Rich said in an interview, according to the Akron Signal. "And there was no allegation that she either didn’t have a residence in Summit County or had chosen to make a residence in Franklin County her residence for voting purposes."

Sykes, a first-term Democrat who won in 2022 by five points, is defending her seat in a district that includes parts of two counties that former President Donald Trump comfortably won in 2020. The Cook Political Report ranks the race as a "Democrat Toss Up."