Legislators propose bill to protest candidates after trans opponents cleared to run

Watch a previous NBC4 report on Ohio’s name-change law in the video player above.

COLUMBUS, Ohio (WCMH) — Two Ohio lawmakers running for reelection, whose transgender opponents were nearly disqualified from the ballot, are now advancing a bill to expand who can question a candidate’s legitimacy.

House Bill 471 would allow any eligible voter, regardless of party affiliation, to formally protest a political party’s candidate, while current law only allows an individual to challenge a candidate who is part of their same party. The legislation also doubles down on existing Ohio law requiring candidates who changed their name within five years to circulate petitions with their current and former names.

Date hinted for when Ohio recreational marijuana sales could begin

“An issue was brought to light when a protest was presented to the board of elections against a petition of candidacy for noncompliance and failure to provide a former name as required by law,” said Rep. Angie King (R-Celina), H.B. 471’s primary sponsor, during the bill’s first hearing on May 7. “Some may try to portray this as an obscure law, but it’s a candidacy requirement that’s been in effect since 1939.”

The bill’s introduction comes after King’s opponent in November’s election, a trans candidate named Arienne Childrey, was nearly disqualified from running for not including her deadname — the name a trans person was assigned at birth but that does not align with their gender identity — on petition paperwork. While the Mercer County Board of Elections received a protest to Childrey’s certification from the county’s Republican Party Chairman Robert Hibner, the board said Hibner’s protest was invalid because he is from the opposing political party.

Along with failing to provide their former name, King’s legislation recodifies the following reasons under which any eligible voter may protest a candidacy:

  • Person is not a U.S. citizen;

  • Person isn’t the minimum age to hold office;

  • Person would exceed an applicable term or age limit; or

  • Person has a criminal conviction.

Rep. Rodney Creech (R-West Alexandria), the bill’s other primary sponsor, noted during the May 7 hearing that the legislation also includes a provision that, if a candidate is elected after the violation of one of the five reasons outlined under this bill, the individual would be required to vacate their seat and pay back any funds received in the form of a salary that is “untransparent” to voters.

Former Ohio campaign treasurer pleads guilty to stealing nearly $1M in funds

Creech is also running in November’s election against a trans candidate named Bobbie Arnold. Like Childrey, Arnold did not include her former name on petition paperwork and had her possible disqualification dismissed by the Montgomery County Board of Elections.

Childrey and Arnold are two of several trans candidates who were running for the Statehouse this year, including Vanessa Joy, who was successfully disqualified from running for failing to provide her deadname on paperwork. While Joy appealed her disqualification, the board of elections voted to keep her off the ballot.

While Joy told NBC4 she agrees with “the spirit of the law” and understands how it would prevent bad actors from running for office, she said the measure creates a barrier for trans people who want to campaign and may not want to share their deadname.

“Our dead names are just that — they’re dead,” she said. “They’re things that are gone and buried. It’s like somebody bringing up your kid that has been killed in a horrible violent way and talking about it all the time.”

Ohio bill would require public schools to adopt policies allowing religious classes

Still, King argued the ability to protest “a candidate’s ineligibility to hold office shouldn’t be partisan,” and that the former name requirement “prioritizes transparency; allowing voters to check backgrounds for liens, judgments, bankruptcy, voting history, criminal history, which empowers voters to make informed decisions.”

The pair’s legislation also follows a dueling bill that would amend the former name requirement, adding an exemption from disclosure if the change of name was granted by any court in the state of Ohio. The bill would also add space to Ohio’s “Declaration of Candidacy” form so that candidates who are required to provide previous names used in the last five years will have space to do so.

“Allowing people to run for office under their chosen, legal names acknowledges the basic human right to self-identification and personal autonomy,” said Rep. Michele Grim (D-Toledo), one of that bill’s primary sponsors. “It’s a step towards more inclusive and representative governance.”

For the latest news, weather, sports, and streaming video, head to NBC4 WCMH-TV.