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Cuyahoga County Executive Ed FitzGerald, front, criticizes recent elections changes at a Feb. 27 at the Cuyahoga County Board of Elections.

(AP Photo/Tony Dejak)

CLEVELAND, Ohio – Cuyahoga County Executive Ed FitzGerald has formally submitted legislation to County Council asserting his right to mail out unsolicited absentee ballot applications to all registered voters in the county, a move that would be in direct contradiction to a recently-passed state law.

FitzGerald, a Democrat who is running for governor, released the legislation -- which he has deemed the "Cuyahoga County Voting Rights Law" -- late Wednesday.

The bill’s text (scroll down to read it) says that despite any state laws to the contrary, the county will promote voter registration and promote “early voting and maximizing voter participation through voting by mail in Cuyahoga County, including, but not limited to, mailing applications to vote by mail, with postage-prepaid return envelopes, to all registered voters in Cuyahoga County.”

FitzGerald's legislation is a response to Senate Bill 205, passed by the Republican-controlled state legislature and signed by Republican Ohio Gov. John Kasich into law on Feb. 21. The state bill permits the Ohio Secretary of State to mail unsolicited absentee ballot applications, if the legislature appropriates the money, but only during general elections. Otherwise, all public officials and governments are prohibited from doing so.

County Councilwoman Sunny Simon, a Democrat, is a co-sponsor of FitzGerald’s legislation. Council will consider FitzGerald’s bill at its next meeting on Tuesday, March 11. Council President C. Ellen Connally, a Democrat, said Wednesday that she had not yet seen FitzGerald’s legislation and had not formed an opinion.

"The right to vote is a cornerstone of our democratic system of government, and it is critical that we ensure all Cuyahoga County citizens have an equal opportunity to exercise this right on Election Day," FitzGerald said in a written statement. "While I am very disappointed by the actions Governor Kasich has taken in recent weeks that make it more difficult to vote, the legislation we have submitted to the County Council will ensure that Cuyahoga County continues providing these essential services in 2014."

Last week, Ohio Republican Party spokesman Chris Schrimpf referred to FitzGerald’s threats of a lawsuit as “frivolous” and accused FitzGerald of playing politics.

Dan Tokaji, a law professor for Ohio State University and state voting law expert, said the county could face a challenging legal battle if the decision to mail out the absentee ballots were to end up in court.

“I wouldn’t say it’s hopeless for Cuyahoga County to mount a challenge to the recently passed law, but it would definitely be an uphill battle,” Tokaji said.

FitzGerald has

, a Republican, over his decision to not allow county boards of election to hold early-in person voting in the evening or the Sunday before the November 2014 election. He also said he would propose an amendment to the county's governing charter to make "voter protection and the promotion of access to the ballot” a core part of the county's mission.