Three out of the four transgender candidates aiming for Democratic seats in the Republican-dominated Ohio House and Senate have either been challenged or disqualified for not including their former names, also known as "deadnames," on the petitions required to get on the ballot.
Lack of Candidate's Requirement Guide
State law requires candidates to list any name changes in the last five years, even though this information is not in the Secretary of State's 33-page candidate requirement guide. The petition form also lacks space to list former names and exempt name changes resulting from marriage.
Scheduled Disqualification Hearings
Bobbie Arnold, a certified contractor from West Alexandria, is scheduled for a disqualification hearing before the Montgomery County Board of Elections on Tuesday. Arienne Childrey, a previously certified candidate from Auglaize County seeking to run against Representative Angie King, a Republican sponsoring anti-LGBTQ legislation, has her disqualification hearing on Thursday.
Ohio Law on Declaring "Deadnames"
Michigan has a law similar to Ohio's elections law, requiring candidates to list any name changes in the last decade, but It's unclear which other states have such law. The Associated Press contacted various election experts and organizations monitoring election laws, and none were aware of how many states mandate candidates to disclose name changes.
The Ohio law has existed in various forms since the 1920s, with the current version established in the 1990s. Enforcement has been infrequent over the decades, only when candidates want to use a nickname on the ballot.
Cases of Disqualifications
The Ohio Supreme Court resolved the latest case involving a mayoral candidate and a legal name change in 2023, where the candidate had sued the Washington County Board of Elections for disqualifying him for not disclosing his former name on his petition paperwork, which the state's highest court ruled in favor of.
Vanessa Joy, a real estate photographer from Stark County, was the first candidate to be disqualified for not including her deadname, even though she was certified. She appealed the disqualification but was denied. The Stark County Board of Elections did not respond promptly to a comment request on Tuesday as their media representative was unavailable.
Joy mentioned in an email last week that she is collaborating with legal counsel and the Ohio Democratic Party to amend the law, as she believes it to be an additional obstacle for transgender individuals striving to make their voices heard.
Considering Include the Law in the Candidate's Guide
Republican Secretary of State Frank LaRose informed the AP that he and his team are considering including the law in the candidate guide, but they are unwilling to change it. He emphasized, "Candidates for public office don't get anonymity," so voters know who is seeking a place on the ballot.
LaRose mentioned that the guide includes a disclaimer stating it doesn't cover every rule, and candidates should seek advice on any other rules that might affect them. However, for the transgender community, disclosing a deadname could pose personal safety concerns.
Personal Safety Concerns in Transgender Community
Zooey Zephyr, a transgender Montana lawmaker silenced by the Montana state House, legally sealed her name change records before taking office. However, people still attempted to uncover her birth certificate, leading to harassment and threats against individuals associated with her deadname.
Zephyr expressed disagreement with LaRose's argument about candidates not having anonymity, calling it "hollow," considering the statute exempts name changes due to marriage. She believes that the Secretary of State's stance fails to acknowledge the significance of the issue for transgender individuals while allowing that for women who are getting married.
Four Candidates' Stances
Ari Faber, a candidate from Athens, Ohio, running for the state Senate, is the only one among the four candidates unaffected by the law. Since he has not legally changed his name, he was not permitted to run under his current name, so his paperwork includes his deadname.
Joy, Arnold, and Childrey all strongly expressed that they would have revealed their deadnames had they been aware of the law. Representing the LGBTQ community is crucial for them, particularly in the face of potential bans on gender-affirming care and the exclusion of transgender athletes from female sports.
"If I am kicked off the ballot, then I have every intention to refile for the very next election and I will continue to fight this battle." Childrey said.
