After the same name-change law in Ohio that was used against several transgender candidates earlier this year, Republican state Rep. Tex Fischer said he was interested in reforming the statute.
“I feel sorry for the other candidates who have taken on this issue,” said Fischer (R-Boardman). Buckeye Flame“I don’t think either of them ever intended to deceive anyone, they just wanted to participate in the process and be true to themselves.”
Fischer, who is not transgender, legally changed his name from “Austin James Fischer” to “Austin James Texford Fischer” in 2020.
In June, a former political consultant was appointed to represent Ohio’s 58th congressional districtfilling the vacancy left by Republican Al Cutron, who joined the Ohio Senate.
Within weeks, a Mahoning County Democratic Party official challenged Fischer’s candidacy, citing Ohio Revised Code 3513.271which requires candidates to disclose any name change that has occurred in the last five years.
Earlier this year, conservative Republicans used the same statute to attack three different transgender candidates, disqualifying one. Fischer, however, was is not obliged to disclose his former nameand he was admitted to appear in November vote by Ohio Secretary of State Frank LaRose – the result of an apparent loophole in the certification process.
Now, Fischer said he is grateful the complaint has been resolved and is interested in working with transgender candidates to aid reform the law.
“If someone wants to run for office, they should be allowed to do so,” he said. Buckeye Flame“Voters can elect or reject them based on their own merits and their programs, not on technicalities that candidates rarely know about.”
Targeting transgender candidates
In Ohio earlier this year, three transgender people were directly sued for revealing their former names — sometimes called “dead names” when referring to transgender people.
While candidates for the Ohio House of Representatives Arienne Childrey and Bobbie Brooke Arnold are expected to be on the November ballot, could be forced to vacate their seats if they win in violation of state election laws.
A third transgender candidate, Vanessa Joy, was disqualified from running altogether in Stark County because she failed to provide her former name on her petition to run.
Loophole in name change law
In addition to the express exception in the law that allows married women to omit their maiden name, Ohio Code Section 3513.271 requires that applicants: list any legal name changes that occurred over the past five years, both in their statements of candidacy and in their nominating petitions – Fischer was not required to submit any of them.
“I have been consistent from the very beginning and have never asked for an exception to the law,” Fischer said. Buckeye Flame“From day one, I believed my situation was unique, given that I was on tenure.”
Because Fischer was elected to the position by Republican Party members rather than directly elected, committee members used a separate form to certify his candidacy: Form 289 (Certification of Election of Candidate to Fill Vacancies in Party Nomination for Mahoning County Board of Education).
On September 6, Ohio Secretary of State Frank LaRose broke a tie in a vote by Mahoning County Board of Elections members, allowing Fischer to appear on the ballot.
“Despite arguments to the contrary, the statute does not expand the requirement to provide a person’s previous name on a party selection committee’s Form 289 certificate,” LaRose said in an official statement accompanying the decision.
Focus on reform
The law was originally intended to prevent candidates from abusing name changes to defraud voters.
Fischer said he still supports those protections but called the disqualification “too harsh a punishment.”
On September 6, Fischer called the challenge to his candidacy a “petty and blatantly partisan stunt” via official public statement posted on his social media accounts.
A few weeks later, Fischer said Buckeye Flame He is currently interested in working on reforming the statute if he manages to retain his seat in the 2024 general election.
“I think the law on name changes needs reform,” he said. “I think it’s unfair and not in the public interest to disqualify someone for something so minor.”
“I also don’t think it’s necessary to publish someone’s dead name on the ballot,” Fischer added. “My situation is obviously different. Changing the name of someone like Vanessa Joy or Arienne Childrey has a much greater impact on them, and I don’t think publishing their dead name really does any good for voters, and it just makes the candidate feel bad.”
Transgender candidate expresses support
IN written statementChildrey called recent challenges to her candidacy “clearly partisan” and “designed to disenfranchise voices advocating for equality.”
“While Rep. Fischer and I likely disagree on many policy issues, it is clear that this rule is outdated and in need of reform,” Childrey said. “Candidates should be able to compete on their ideas and policies, rather than be disqualified by selectively enforced rules that no longer serve the interests of Ohio voters.”
Childrey publicly supported including Fischer on the ballot, but expressed concerns about selective enforcement, calling the Secretary of State’s decision a “double standard.”
“[The decision] “reveals a clear pattern of partisanship in the way the Ohio Republican Party treats election laws,” she said in separate statement September 7.
Fisher said Buckeye Flame that he had not seen Childrey’s statement earlier but is grateful for her support:
“I look forward to meeting with any of the candidates affected by this law as we work on legislation to address this issue next year.” 🔥
Ignite the action
- To register to vote or check your voting status in Ohio, Click here.
- To find contact information for your Ohio State Representative, Click here.
- To find the contact information for an Ohio State Senator, Click here.
- If you are a newborn LGBTQ+ person in crisis, please reach out Trevor’s Project: 866-4-U-Trevor.
- If you are a transgender adult and need immediate aid, please contact National Transgender Lifeline: 877-565-8860
