Watch a previous NBC4 report on Ohio's name-change law in the video player above.
COLUMBUS, Ohio (WCMH) -- A Republican running to keep his Ohio House seat could be kicked off the ballot by a state law that also disqualified a transgender candidate for omitting their former legal name.
The Mahoning County Board of Elections voted 2-2 on Aug. 15 on whether to allow Rep. Tex Fischer (R-Boardman) on the ballot after the county's Democratic Party argued he should be removed for failing to include his former name, Austin James Fischer, on filing paperwork. The 28-year-old representative changed his legal name in 2020 to Austin James Texford Fischer when he began going by "Tex."
The decision has now been punted to Secretary of State Frank LaRose, whose office did not respond to NBC4's request for comment or clarification on if the secretary is expected to make his decision by a certain date.
The Mahoning County Democratic Party cited Ohio revised code that requires Statehouse candidates who change their name within five years to submit their statement of candidacy and nominating petition with their current and former name. Fischer's party nomination form submitted to the county's board of elections shows that he only included his current name.
However, Curt Hartman, Fischer's attorney, argued during the Aug. 15 meeting that the name-change law only requires a candidate to provide their current and former name on documents like a statement of candidacy and a nomination petition, and not on a party nomination form.
Fischer, who is running against Democrat Laura Schaeffer to represent House District 59, only needed to sign a party nomination form because he was appointed in June to take over the seat of another representative who was named to the Ohio Senate. This meant Fischer was able to forego the primary process, also allowing him to skip completing traditional paperwork like the statement of candidacy and nomination petition.
"The law puts no requirement that the [party nomination] form include any former names of the person selected by the political party," said Hartman. "That is not a statement of candidacy or a petition; those are the forms that require the inclusion of prior names."
Still, Corey Colombo, the attorney representing the county's Democratic Party, noted the law has been used to question the legitimacy of trans candidates also running for the Ohio House. Vanessa Joy, a Stark County Democrat, was disqualified from running in House District 50 for not including her deadname -- the name a trans person was assigned at birth but does not align with their gender identity -- on her nomination petition. While Joy appealed her disqualification, the board of elections voted to keep her off the ballot.
Bobbie Arnold, a West Alexandria trans candidate, had her possible disqualification dismissed by the Montgomery County Board of Elections. Ari Faber, an Athens County trans candidate, is cleared to run for an Ohio Senate seat but must use his deadname since he has not legally changed it.
"LGBTQ candidates were not certified to the ballot because they did not include their former names on their paperwork," Colombo said during the meeting. "At that time, Secretary of State Frank LaRose said it is important for people to disclose who they are and any former identity so the voters know who is asking to be put on the ballot."
Hartman shot back, noting that "the law was clearly applicable because those candidates were seeking a party's nomination during a primary election" and were required to include their current and former names on their statement of candidacy and nomination petition. Hartman reiterated that Fisher, as an appointed representative, was able to skip that process and didn't need to complete those forms.
Fischer also has the backing of an unlikely supporter: Arienne Childrey, another trans candidate who was nearly disqualified from running as a Democrat in House District 84 due to the name-change law. In a release, Childrey said Fischer should not be removed from the ballot over this issue.
"While Rep. Fischer and I likely hold differing views on many policy matters, it's clear that this provision is outdated and needs reform," Childrey said. "Candidates should be able to compete based on their ideas and policies, not be disqualified by selectively enforced rules that no longer serve the interests of Ohio voters."
As Ohio's name-change law has come under the spotlight again, dueling bills have been introduced to deal with the matter. Two Republican lawmakers running against Childrey and Arnold introduced legislation to allow any eligible voter, regardless of party affiliation, to formally protest a political party's candidate, while current law only allows an individual to challenge a candidate who is part of their same party.
The other bill introduced by Democrats would amend the former name requirement, adding an exemption from disclosure if the change of name was granted by any court in the state of Ohio. The bill would also add space to Ohio's "Declaration of Candidacy" form so that candidates who are required to provide previous names used in the last five years will have space to do so.
