COLUMBUS, Ohio — County boards of elections in Ohio got to pick and choose which transgender candidates made the ballot — leading to the law being unevenly applied to the three women who each broke an obscure rule. The mistake each of the candidates made? They used their legal name instead of their former name on their ballot petition.
We don’t just report the initial story—we follow through to its conclusion. Read and watch our previous reporting on this story below and see more stories that we've followed through on here.
Three trans candidates for the Ohio House have been waiting for decisions from their boards of elections.
"I honestly felt like everything was just hanging by a thread, looming over our heads," Arienne Childrey told News 5.
She is running in the Democratic primary for House District 84, deep-red Western Ohio. Despite being certified by the Mercer County Board of Elections, she was worried she would be removed from the ballot.
The little-known law from the 1990s, but originated centuries ago, requires all candidates to list on their signature petitions any name changes within five years.
"In Ohio, we write our laws about as clear as mud," she added. "It's just a great example of how ambiguous this is, how little publicized it is."
Not only is there nowhere to put it on the petition, but it isn’t included in the secretary of state’s 2024 candidate guide. It hasn't been on any candidate guides in recent years.
But this week, the board decided she can still run — because no one knew about this obscure provision and because the board said she wasn't trying to mislead people. The same thing happened for trans candidate Bobbie Arnold in Montgomery County.
"In the nearly 9 years since I started my transition, I have made it a point to be transparent about who I am, as I firmly believe that to be the only way to understand each other," Arnold said. "As Jeff Rezabek (Republican member of the Montgomery County Board of Elections) said at the hearing, in no way did I attempt to deceive anyone."
But it wasn’t the same for Stark County candidate Vanessa Joy.
"Hearing that Bobbie and Arienne are both allowed to remain on the ballot is so wonderful," Vanessa Joy said. "It makes me annoyed about my own situation."
Vanessa Joy reached out to Statehouse reporter Morgan Trau to share her situation, which, after publishing, went viral internationally. Joy was disqualified for not including her "dead name" on petitions. After a denied appeal, she remains off the ballot.
RELATED: Ohio transgender candidate disqualified for only including legal name, not former name, on petitions
"Do you feel discriminated against?" Statehouse reporter Morgan Trau asked Joy Friday.
"Yes, definitely," Joy responded. "This law is not being applied evenly."
After bombarding Stark County BOE for answers for weeks, their spokesperson finally said Friday that they are following the law — adding that they are not discriminating.
"The Stark County Board of Elections is sympathetic to Vanessa Joy's argument that the campaign election guide put out by the Ohio Secretary of State was not specific enough," the board said in a press release. "However, our decision must be based on the law and cannot be arbitrarily applied."
The board suggested we check with Mercer and Montgomery about why they allowed the trans candidates, seemingly implying that those boards were in the wrong.
The law was most likely written to prevent bad actors from accessing the ballot and trying to hide criminal convictions, Case Western Reserve University elections law professor Atiba Ellis explained.
"The law might have been created in a neutral manner 20-some-odd years ago," Ellis said. "But given the rise of transgender people in politics today, it raises the question of whether we should reconsider how this law is structured."
Joy is talking to state Democratic leadership about legal options, and Ellis said she may have a strong case.
"It raises a concern about whether she's been denied the equal protection of the laws," he said. "Given the fact that other candidates have been certified, there is a lot weighing in Ms. Joy's favor here."
Childrey thinks the law needs to change and wants Joy reinstated.
"The best we can do is kind of hold each other closely and fight on one another's behalf," Childrey added.
Republican response
News 5 reached out to the Secretary of State Frank LaRose's office with a slew of clarifying questions, and spokesperson Melanie Amato responded.
"The law applies to everyone, and no county election board should be criticized for their unanimous and bipartisan decision to follow Ohio law,” Amato said.
But the trans candidates found a sympathetic ear in a Statehouse Republican, one who disagrees with LaRose's team. State Rep. Rodney Creech (R-West Alexandria) said filling out the form with just the legal name seems perfectly fine — even though Arnold is actually his competitor in his ruby red district.
"Bobbie being on the ballot — it's not an issue for me," Creech told News 5. "I was not going to challenge Bobbie on the ticket."
The pair actually know each other well, growing up and going to school together — and he said he considers her a friend. He has felt compassion towards her during this whole debacle.
"If it's an important law, then it probably should be in the guidelines and people should know about it," the Republican added. "Nobody knew about it, so I don't think anybody is at fault for not doing it correctly."
The LaRose team agreed that people should know about the law.
"We will take a look at the candidate guide and add this in the future," Amato said.
Read the Secretary of State's full response below:
The Secretary of State’s office is aware that a candidate in Stark county was disqualified for failing to file the correct paperwork as outlined in ORC 3513.06. This law clearly states that, “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 the person's declaration of candidacy, the person's declaration of candidacy and petition shall both contain, immediately following the person's present name, the person's former names.”
The law applies to everyone, and no county election board should be criticized for their unanimous and bipartisan decision to follow Ohio law. The 2024 Candidate Requirement Guide does not include every statute pertaining to candidates – in fact the first paragraph offers that disclaimer and urges candidates to consult with their legal counsel. However, since this issue has come about, we will take a look at the candidate guide and add this in the future. The Secretary feels it’s important for people to disclose who they are and any former identities, so the voters know who is asking to be put on the ballot.
We don’t know of how many people have been disqualified by this law because, county election boards do not have to report to us on why they disqualified a candidate. All that is done at their level and they can work with the county prosecutor’s office. The Secretary of State’ office would not get involved in these decisions.
