Republican State Rep. could be affected by same name-change law used to target transgender candidates

Republican State Rep. Tex Fischer could be the next candidate affected by the same name-change law Republicans used to challenge –and in one case disqualify – three transgender candidates earlier this year.

Aside from an explicit exception that allows married women to omit their maiden names via the same candidacy petition, all Ohioans are required to list any legal name changes that occurred within the last five years on their petitions for candidacy.

Fischer legally changed his name from Austin James Fischer to Austin James Texford Fischer in 2020, but failed to include his former legal name on official election paperwork, according to reporting by Cleveland.com.

Based on his knowledge of Fischer’s name change, Mahoning County Democratic Party chairman Chris Anderson filed a complaint with the Mahoning County Board of Elections, triggering an investigation that could lead to Fischer’s removal from the November ballot.

“At the end of the day, I don’t care what he calls himself. My question is does the law apply? Because if the law applies, then it needs to be applied equally,” Anderson told reporters at WKBN.

Fischer’s eligibility questioned

Earlier this summer, Fischer was appointed to represent Ohio’s 58th District, filling a vacant seat left by Republican Al Cutrona, who moved over to the state Senate to complete the term of now U.S. Rep. Michael Rulli. 

The 28-year-old political consultant is to appear on the upcoming November ballot as Tex Fischer. However, if he wins in violation of state election law, he could be suspended, forced to vacate the seat and required to return any salary he earned while serving as an elected official.

Following Anderson’s complaint, Mahoning County Board of Elections conducted an official  inquiry regarding Fischer’s eligibility – including a formal hearing.

On August 15, board members cast split votes, sending the decision to Ohio Secretary of State Frank LaRose for a tie-breaking vote.

“I’m just trying to see whether the law actually applies equally or if it’s like everything else we’ve seen out of Columbus,” Anderson said in a separate interview with reporters at the Statehouse News Bureau.

Fischer called the challenge “petty political nonsense,” but said he thinks “the spirit of the law that’s in question is reasonable.”

Challenging transgender candidates

In Ohio, three transgender candidates have already been challenged directly regarding their former legal names. 

While Ohio House candidates Arienne Childrey and Bobbie Brooke Arnold are set to appear on the November ballot, they could be forced to vacate their seats in the event that they win in violation of state election statutes.

The third candidate, Vanessa Joy, was disqualified entirely from appearing on the ballot in Stark County after failing to list her former legal name on her initial application for candidacy.

Democrat State Rep. Beryl Brown-Piccolantonio told Cleveland.com reporter Jake Zuckerman she hopes Fischer’s case sets a precedent.

“If someone has gone through the process to legally change their name, there is absolutely no reason they should be required to disclose prior names,” she said. “This situation with my colleague is no different than the situations that occurred at the end of last year/beginning of this year for candidates.”

Dueling name-change bills at the Statehouse

In May, members of the House Government Oversight Committee heard testimony on dueling bills regarding candidacy laws for transgender Ohioans seeking public office:

HB 467, which would grant an exemption to an obscure Ohio law requiring candidates to formally disclose any changes of name in the past five years, and HB 471, which would give voters registered under any political party legal footing to challenge the legitimacy of transgender candidates should they fail to publicly list their former legal names.

Republican State Reps. Rodney Creech and Angie King – who are set to face Arnold and Childrey respectively in the 2024 general election – are the only two candidates for the Ohio House running against out transgender opponents.

Out transgender candidate Ari Faber is running for Senate District 30, comprising Athens, Belmont, Harrison, Jefferson, Meigs, Monroe, Morgan, Noble and Washington Counties.