Ohio Secretary of State Frank LaRose has sided with the Republican members of the Mahoning County Board of Elections, breaking a tie and ordering state Rep. Tex Fischer be certified to the Nov. 5 ballot.

“We should always aim to give voters a choice so every voice can be heard,” Fischer, R-Boardman, said Friday in response to the decision by LaRose, a fellow Republican. “It was disheartening that we had to deal with such a petty and blatantly partisan stunt that undermined that principle and deprive the people of their voice.”

He added: “I am excited to keep working on behalf of the people of this community that I love so much. I’m grateful for the opportunity to serve and am working to earn the voters’ trust in November.”

The argument against the eligibility of Fischer was raised in an Aug. 12 objection by Mahoning County Democratic Party Chairman Chris Anderson.

An Aug. 15 elections board hearing led to a 2-2 tie with Democrats David Betras and Joyce Kale-Pesta voting against certifying Fischer and Republicans Sandra Barger and Bob Aurandt voting to put him on the ballot.

It was up to LaRose to break the tie.

Anderson said: “Anyone who’s followed the career of Frank LaRose would not be surprised that there’s one set of rules for Republicans and one for everyone else. I’m not surprised that he put out a decision at 4 p.m. on a Friday. It shows how much he doesn’t want to highlight that he has two sets of rules.”

Regarding Fischer, Anderson said, “It’s not hard to make the case against a guy who wants to defund the post office, supports traitors like what we saw on Jan. 6 and doesn’t think child labor laws should exist.”

Laura Schaeffer, a Beloit councilwoman and integrated library systems administrator for the Public Library of Youngstown and Mahoning County, is the Democratic candidate in this state representative race to represent the 59th Ohio House District.

In his objection, Anderson contended Fischer’s certification as a candidate “did not comply with the provisions” of Ohio Revised Code Section 3513.271, which states: “If a person desiring to become a candidate for public office 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.”

Fischer, a political consultant and first vice chairman of the Mahoning County Republican Party, changed his name May 19, 2020, from Austin James Fischer to Austin James Texford Fischer. His previous name isn’t listed on the Ohio Secretary of State Form 289 – Certification of Selection of Candidates to Fill Vacancy in Party Nomination.

Fischer’s attorney, Curt C. Hartman, had argued in the Aug. 15 board hearing that the correct statute in this case is ORC Section 3513.31 about withdrawal, disqualification or death of a candidate prior to the general election.

Fischer was appointed June 23 by the chairmen and secretaries of the Mahoning and Columbiana Republican parties to replace Al Cutrona, R-Canfield, on the Nov. 5 ballot as their candidate in the 59th Ohio House District race. Three days later, the Ohio House Republican Caucus appointed Fischer to serve out the rest of Cutrona’s unexpired term, which ends Dec. 31.

In his Friday decision, LaRose wrote: “The basis of Mr. Anderson’s protest – the requirements of R.C. 3513.271 – do not implicate Mr. Fischer’s candidacy. By its plain terms, R.C. 3513.271 applies to statements of candidacy and nominating petitions. Despite arguments to the contrary, the statute does not extend the requirement of listing a person’s former name to the party’s selection committee’s Form 289 certification.”

The name-change 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.

LaRose has said he doesn’t favor changing the law.

Anderson said he hoped these issues will compel the Republican-controlled state Legislature to clarify the law or at least compel LaRose to update the Ohio Candidate Requirement Guide to address the name change laws.

Barger said she was pleased LaRose agreed with her and Aurandt that Fischer didn’t complete or file a declaration of candidacy or a nominating petition so the requirement of Section 35134.271 wasn’t applicable in this case.

“I’m glad Tex is on the ballot,” she said.

Betras said LaRose was “elected to make these decisions. He made the decision. It doesn’t matter what I think. I have to honor his decision. I am duty-bound to follow his directives whether I agree with them or not.”