An Ohio law from 1995 that requires political candidates to disclose their original name, if they have changed it in the last five years has often been used by conservatives to stop transgender candidates but is now stopping a Republican from getting on the ballot.
Name Change Law
Whereas the 1995 name change law typically adds an additional hurdle for transgender candidates looking to run for office in Ohio, the most recent candidate affected is Republican Rep. Tex Fischer.
Tex Fischer is running to keep his seat in the Ohio House of Representatives, representing House District 59, after being appointed to the position in June when Rep. Alessandro Cutrona was appointed to the Ohio Senate.
Legal Name Change Creates Hurdle for Fischer
Rep. Fischer legally changed his name in early 2020, and as a result, he may now be disqualified from the election for failing to put his former name on the required paperwork.
Rep. Tex Fischer was put in this uncertain position after Mahoning County’s Democratic Party pointed out that Fischer failed to include his former name as necessary in filing paperwork.
Call for Equal Application of the Law
Chris Anderson, the chairman of Mahoning County’s Democratic Party, pointed out that the law should be applied equally across the political spectrum.
However, Fischer called Mahoning County’s challenge “childish” and said that it was simply “petty political nonsense” meant to undemocratically prevent a candidate from making it into office.
Fischer is now in a legal fight to maintain his position as his lawyer, Curt Hartman, argues that the name is only required on specific paperwork that Fischer has never needed to fill out.
Legal Arguments Center on Nomination Forms
“The law puts no requirement that the [party nomination] form include any former names of the person selected by the political party,” Hartman argued.
This is not the first time this law has been used to stop a candidate from making it into office in Ohio, the most recent of which is Vanessa Joy, who was disqualified for not including her dead name.
Whereas other transgender candidates running for office were eventually able to continue in their races, Vanessa Joy is the only Ohio candidate to be disqualified from the race due to the law and never return to it.
After being disqualified from her race for a seat in the Ohio House of Representatives, Joy expressed her frustration with the law and how requiring transgender candidates to disclose their deadname can be a safety concern.
Proposed Changes to Name Disclosure Law
The continued controversy surrounding this law has led both Republican and Democratic lawmakers to draft duelling bills that will either amend or expand the requirements around candidates’ name changes.
The Ohio Republicans proposed a change that would allow for broader challenges against candidates, whereas Democrats introduced a bill that exempts candidates who have legally changed their names.
Democratic state Rep. Beryl Brown Piccolantonio, who co-sponsored the bill to amend the law, argued that if a candidate has legally changed their name, then there is no reason for them to disclose the previous one.
Transgender Candidate Supports Reform
Fischer’s controversy also drew the attention of Arienna Childrey, another transgender candidate who was almost disqualified from the law but was ultimately allowed to run.
“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 in a statement.
Featured Image Credit: Shutterstock / Jacob Lund.
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