Ohio GOP legislator facing disqualification now cleared to run

Watch a previous NBC4 report on Ohio Rep. Tex Fischer in the video player above.

COLUMBUS, Ohio (WCMH) -- A Republican running to keep his Ohio House seat has been cleared to campaign after he was nearly kicked off the ballot by a state law that also disqualified a transgender candidate for omitting their former legal name.

Secretary of State Frank LaRose ruled on Sept. 6 to break the Mahoning County Board of Elections' 2-2 tie and 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."

"It was disheartening that we had to deal with such a petty and blatantly partisan stunt that undermined that principle and attempted to deprive the people of their voice," said Fischer in a statement. "I'm grateful for the opportunity to serve and keep working to earn the voters' trust in November."

Chris Anderson, chair of the Mahoning County Democratic Party, had 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, LaRose noted that Ohio's 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, which is officially known as Form 289.

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 basis for Mr. Anderson's protest do not implicate Mr. Fischer's candidacy," said LaRose, announcing his decision in a letter to the Mahoning County Board of Elections. "Despite arguments to the contrary, the statute does not extend the requirement of listing a person's former name to the party's selection committee's Form 289 certification."

Corey Colombo, the attorney representing the county's Democratic Party, had 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 Aug. 15 board of elections 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."

Arienne Childrey, another trans candidate who was nearly disqualified from running as a Democrat in House District 84 due to the name-change law, spoke out in August and said Fischer should not be removed from the ballot over this issue. However, in a new statement, Childrey said LaRose's decision "reveals a disturbing pattern."

"It seems LaRose only supports such removals when the candidate in question is transgender," said Childrey. "LaRose's vote is not just a political decision -- it's a stark message that discrimination against trans candidates is tolerated, if not encouraged, by his office."

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.