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Buiiock, Litten, Neff, 0' Maliey, <br />RESOLUTION NO. 2020-57 BY: Rader, Shachner <br />A RESOLUTION to take effect immediately provided it receives the vote of at least two <br />thirds of the members of Council, or otherwise to take effect at the earliest period allowed by <br />law, urging Secretary LaRose to immediately reverse his order banning off -site secure drop <br />boxes for absentee ballots; and urging the City of Lakewood Law Department to explore whether <br />a legal action to vindicate voting rights could be brought pursuant to the federal Voting Rights <br />Act, the Help America Vote Act, the Equal Protection Clause of the Fourteenth Amendment to <br />the United States Constitution, and the Ohio Constitution and relevant statutes, guaranteeing all <br />citizens their precious right to vote. <br />WHEREAS, this November, the City of Lakewood, along with the rest of the country, <br />will be participating in a presidential election; and <br />WHEREAS, in previous elections, densely populated cities such as Lakewood have been <br />plagued by excessively long waiting times to cast a vote; and <br />WHEREAS, cities like Lakewood have repeatedly been targets of voter suppression, <br />through tactics such as purges of the voter rolls, elimination of polling places, and restrictions of <br />voting by mail; and <br />WHEREAS, the coronavirus pandemic has added another layer of difficulty to the voting <br />process, which requires our electoral system to adapt to these changing circumstances; and <br />WHEREAS, transportation to and from the drop box at the Cuyahoga Board of Elections <br />several miles away, or depending on a close family member (O.R.C. 3509.05) to deliver <br />completed ballots poses an undue burden on many Lakewood voters, particularly seniors, <br />persons with disabilities, and those without personal transportation; and <br />WHEREAS, one of the methods which can facilitate the electoral process is the <br />deployment of secure drop boxes for absentee ballots at off -site locations; and <br />WHEREAS, On Tuesday, September 15t' Franklin County Common Pleas Judge Richard <br />Frye ruled that, "No statute says that delivery must occur with only one box per county. No <br />statute says that delivery would be improper to a drop box controlled by a board and placed at a <br />safe location separate and apart from the main board office. The statute is silent on such matters. <br />The Secretary cannot slip new words into the law," and that Secretary LaRose's order blocking <br />this common sense approach is, "arbitrary and unreasonable." <br />WHEREAS, In Judge Frye's opinion, he noted LaRose stated in a related federal case he <br />would support additional drop boxes if they were legal, and abide by a court ruling in favor of <br />them, and Secretary LaRose has now received such a legal opinion. <br />