A second transgender candidate running for a seat in the Republican-majority Ohio House is at risk of being disqualified from the ballot after omitting her former name on circulating petitions.
The Mercer County Board of Elections is set to vote Thursday on whether Arienne Childrey, a Democrat from Auglaize County and one of four transgender individuals campaigning for the Legislature, is eligible to run after not disclosing her previous name, also known as her deadname, on her petition paperwork.
A little-used Ohio elections law, unfamiliar even to many state elections officials, mandates that candidates disclose any name changes in the last five years on their petitions paperwork, with exemptions for name changes due to marriage. But the law isn’t listed in the 33-page candidate requirement guide and there is no space on the petition paperwork to list any former names.
I have a feeling she will be successful if they DQ her and she challenges it. Interacting with the bureaucracy of the state we are expected to do what reasonable people would do to comply with the rules and regs, such as follow the directions on the forms provided and follow instructions from officials.
It’s unreasonable to expect a person to go digging for extra rules and extra regulations if there is no indication they might exist.
If the form had a place for aliases or prior names, then it would be ok to disqualify anyone who left out a previous name. If there were instructions to provide a list of previous names in a separate document, it would be ok to disqualify. Hell, if the person handing over the document or the website you download it from specifically stated that all previous names shall be disclosed, it would be ok to disqualify.
Most financial documents, for example, specifically ask for that. A lot of government identification applications (passports, drivers licenses, etc) ask for that. So when one encounters a form that doesn’t ask for that, there’s no reason to suspect that it’s necessary.
A good lawyer will have her on the ballot no problem.
Thank you for this reasonable and informed take. A lot of folks up in arms about the identity politics issue, but the real issue is the bureaucracy is not operating in a way that aligns with the law or instructs people to comply. Corrections should be allowed by the candidates and the bureaucracy needs to update procedures.