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Judge Denies Request To Delay Primary Election Until June 2
By: Gabe Rosenberg | WOSU
Posted on:
Updated, Tuesday, March 16, 7:11 p.m.
A Franklin County Court of Common Pleas Judge has ruled against a temporary restraining order that would have delayed Ohio’s primary election until June 2 due to the coronavirus.
Judge Richard Frye denied the lawsuit just after 7 p.m. on Monday, less than 12 hours before the primary election is set to start. The election includes the Democratic presidential primary between former Vice President Joe Biden and Senator Bernie Sanders from Vermont.
“The notion that we postpone the primary until April 28 or June 2 – which are the two dates that have been suggested – presupposes that the health situation in America gets better,” Frye said to the court. “We have no medical evidence here today to suggest that will be the case.”
Frye said he is worried about the security of absentee ballots if the election was delayed, and about the “terrible precedent” this would set.
Plaintiffs Jill Reardon and former Ohio Department of Aging Director Judith Brachman filed a lawsuit to delay the primary because they are over the age of 65 and have underlying health issues that make them susceptible to the coronavirus if they voted on Tuesday in person.
An attorney for State Rep. Jason C. Stephens (R-Kitts Hills), who is running for re-election and State Rep. Niraj Antani (R-Miamisburg), who is running for the state senate argued against extending the election.
They argued that the plaintiffs had ample time to vote during the early voting period and absentee voting to cast a ballot prior to Tuesday’s election.
Ohio Gov. Mike DeWine recommended on Monday afternoon to delay the election because he didn’t want voters to have to decide between casting a ballot and risk being exposed to the coronavirus, of COVID-19.
An attorney for the Ohio Democratic Party argued for the remainder of the primary election to be held on April 28 with all ballots being submitted by mail.
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Earlier Story
COLUMBUS, Ohio (WOSU) — Ohio is filing a lawsuit to extend voting until June 2, 2020, and suspend the state’s in-person primary election scheduled for Tuesday.
Gov. Mike DeWine says that a private party will sue Ohio in the Franklin County Court of Common Pleas on Monday, representing voters over 65, immunocompromised residents and people otherwise at risk of coronavirus.
DeWine says that he does not have the power to unilaterally change Ohio’s election, a power that lies with the state legislature. But he recommends the state allow absentee voting through mail until June, with no in-person voting allowed until then.
After the CDC changed its guidelines on mass gatherings, DeWine says the state will refine its public health order to ban groups of more than 50 people, down from 100.
“We cannot conduct this election tomorrow… and conform to these guidelines,” DeWine said at a Monday afternoon press conference.
The announcement represents an about-face for the governor, who has insisted repeatedly that Ohio’s March 17 election would move forward, and that polling places were not subject to gathering bans.
DeWine said Monday that people should not have to choose between their health and their constitutional right to vote.
“We cannot tell people that they really need to stay home, that the risk is high, and at the same time tell them to go vote,” DeWine said.
It’s ultimately up to a judge to decide if Ohio’s election moves forward as planned.
Polling was set to open Tuesday at 6:30 a.m. and close at 7:30 p.m. Early voting stretched from February 19 until 2 p.m. Monday.
Secretary of State Frank LaRose says he supports the governor’s decision, and will ask the Ohio Attorney General to not contest the lawsuit. He says his office will continue to accept and process absentee ballots through June 2.
Asked why June 2 was the day selected for Ohio’s new in-person election, DeWine explained that the presidential primary requires delegates to be chosen ahead of party conventions. Democrats are set to select their candidate in July.
Already, LaRose’s office had been preparing to make the election as safe as possible amid the growing outbreak. Over the weekend, he issued a directive to county boards of elections permitting curbside voting on Election Day, and to continue accepting and processing absentee ballot applications for voters “unforseeably confined or hospitalized.” He also urged polling places to clean their equipment and maintain appropriate distances between machines.
The Ohio Department of Health reports Monday that there are now 50 confirmed cases of COVID-19 in 12 counties. Of those, 14 people have been hospitalized.
The age range of patients is 14-86 years old, with a median age of 51. Of the patients, 20 are female and 30 are male.
Tuesday is also St. Patrick’s Day, but the state has taken several steps to prevent large crowds during the holiday. Ohio already banned “mass gatherings” of more than 100 people, and over the weekend DeWine issued an order closing down bars and dine-in restaurants. That order, which went into effect at 9 p.m. Sunday, does not affect takeout or delivery services.
Health Department director says that banks, grocery stores and other critical infrastructure will remain open.
The Ohio Department of Health makes the following recommendations to protect yourself from illness:
- Wash hands often with soap and water for at least 20 seconds; dry hands with a clean towel or air dry hands.
- Use alcohol-based hand sanitizer when soap and water are unavailable.
- Cover your mouth with a tissue or sleeve when sneezing or coughing. Avoid touching your eyes, nose, or mouth with unwashed hands.
- Stay home when you are sick.
- Avoid contact with people who are sick.
Ohio’s coronavirus call center is open to answer questions from 8 a.m. to 9 p.m. daily. The hotline number is 1-833-4-ASK-ODH or 1-833-427-5634.
This story will be updated with more information.