Name change puts local candidacy in jeopardy

YOUNGSTOWN, Ohio (WKBN) – The case involving the eligibility of a candidate for Ohio state representative over a name change is now in the hands of the Ohio Secretary of State.

Tex Fischer’s been a member of the Ohio General Assembly for less than a month, but language in state election laws could keep him from running to keep the job in November.

“The law’s just clear. If there’s a name change – there’s a name change, including both names on the petition,” said Attorney Corey Columbo, who is representing the Mahoning County Democratic Party.

Four years ago, Fischer, whose given name is Austin, legally added “Texford” as a second middle name. State law requires candidates to include any name changes made within five years of a campaign on the ballot, something local Democrats say Fischer never did.

Mahoning County Board of Elections heard from both sides Thursday trying to determine whether or not Fischer’s name can appear on the ballot for state representative. His lawyer, Kurt Hartman, argues the language Democrats are trying to use doesn’t apply here.

“You’re looking for an exception in something that’s not even in the statute — it’s an affirmative duty,” Hartman told the Board.

After over an hour of discussion, the four board members were deadlocked over Fischer’s certification, complaining the laws they have to uphold are too vague.

“I hate being placed in this position, but the legislature and courts have placed us in this very position,” said Attorney Dave Betras, chairman of the Mahoning County Board of Elections.

Board members agreed to ask the Ohio Secretary of State for an opinion.

For his part, Fischer called the whole thing a “childish” “petty political stunt.”

“They essentially want to cancel this election. And the way I take that is an admission of defeat. They know they can’t defeat us at the ballot box. They’re trying to beat us in the Board of Election, the Secretary of State,” Fischer said.

Mahoning County Democratic Party Chair Chris Anderson said he is just concerned about the law.

“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 said.

Board members hope to hear back in the next couple of weeks, but attorneys warn lawsuits are likely regardless of the decision.

Tex Fischer was appointed by the local Republican Party to replace then-Representative Al Cutrona, who was chosen to fill a seat in the Ohio Senate.

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