With the Mahoning County Board of Elections deadlocked at 2-2 on the eligibility of state Rep. Tex Fischer, R-Boardman, to the Nov. 5 ballot, the tie will be broken by Ohio Secretary of State Frank LaRose.

The only time frame I received from LaRose’s office on breaking the tie is it will be sooner rather than later. I expect LaRose, a Republican, to side with the board’s two GOP members and keep Fischer on the ballot as there appears to be enough of a gray area on the matter, but you never know.

If LaRose sides with the Democratic board members, who decided Fischer isn’t eligible, expect an appeal to the Ohio Supreme Court, which would make the final decision.

A legal challenge if LaRose supports the Republican board members would be up to the Ohio House Democratic Caucus or a Democratic-backed organization or possibly a citizen in Fischer’s district.

Mahoning County Democratic Party Chairman Chris Anderson objected Aug. 12 to Fischer’s certification, writing that the state representative “did not comply with the provisions” of state law “by failing to list his former name on Ohio Secretary of State form 289 – his Certification of Selection of Candidate to Fill Vacancy in Party Nomination.”

The board of elections had an Aug. 15 hearing, resulting in the two Republicans seeking to certify Fischer, a political consultant and first vice chairman of the Mahoning County Republican Party, to the Nov. 5 ballot and the two Democrats in opposition.

Fischer changed his name May 19, 2020, from Austin James Fischer to Austin James Texford Fischer. His previous name isn’t listed on the form.

Anderson argued Fischer isn’t eligible under Ohio Revised Code Section 3513.271, signed into law Aug. 22, 1995.

That section states: “If any person desiring to become a candidate for public office has had a change of name within five years immediately preceding the filing of his statement of candidacy, both his statement and nominating petition must contain, immediately following the person’s present name, the person’s former name.”

ORC Section 3513.06, also signed into law Aug. 22, 1995, provides an almost identical requirement.

Neither law applies to those who change their name through marriage or to a candidate who has once before complied with the section.

During the Aug. 15 board hearing, Curt C. Hartman, Fischer’s attorney, cited ORC Section 3513.31 about withdrawal, disqualification or death of a candidate prior to the general election. Form 289 doesn’t involve a statement of candidacy and / or a nominating petition so Fischer’s old name doesn’t have to be provided, Hartman said.

The section also describes a political party’s authority to select a vacancy by a vote of the party chairs and secretaries in that specific legislative district.

The chairs and secretaries of the Mahoning and Columbiana Republican parties, which comprise what will be the 59th House District with the Nov. 5 election, voted June 23 to appoint Fischer to replace Al Cutrona, R-Canfield, in the state House. Cutrona became a state senator through the same process, filling the vacancy created by Michael Rulli, R-Salem, who resigned June 12, the day after he won a special election for the open 6th Congressional District seat.

There is no requirement that the process require the disclosure of previous names, and it is only a certification of the person chosen to fill the vacancy, Hartman said.

The law reads, in part: “The certification must be accompanied by the written acceptance of the nomination by the person whose name is certified.”

This little-known law gained national attention earlier this year when Republicans sought to block three Democratic transgender candidates for state legislative races because they didn’t include their former names on paperwork seeking to get on the ballot. Two were permitted to run by boards of elections, and one wasn’t.

To Hartman, Fischer and the two Republican board members who voted to certify, that law doesn’t apply in this case.

Laura Schaeffer, a Beloit council member and integrated library systems administrator for the Public Library of Youngstown and Mahoning County, is the Democratic candidate in this state representative race. If Fischer is ruled ineligible, Schaeffer would run unopposed on Nov. 5.

This issue has no impact on Fischer’s appointment to serve out the year in the Ohio House, which last met the day he was appointed and won’t hold another session until after the election.