Coronavirus: Ohio polls will close as a health emergency

[OilemFirchen]

Source: Dayton Daily News

COLUMBUS -- Ohio's polls will be closed Tuesday as a health emergency, Ohio Gov. Mike DeWine announced late Monday after Franklin County Common Pleas Court Judge Richard Frye on Monday night denied a request to delay the March 17 primary election to June 2.

The ruling, barring a last minute appeal, meant the election was slated to move forward with the polls opening at 6:30 a.m.

"During this time when we face an unprecedented public health crisis, to conduct an election tomorrow would force poll workers and voters to place themselves at a unacceptable health risk of contracting coronavirus. As such, Health Director Dr. Amy Acton will order the polls closed as a health emergency. While the polls will be closed tomorrow, Secretary of State Frank LaRose will seek a remedy through the courts to extend voting options so that every voter who wants to vote will be granted that opportunity," DeWine stated.

DeWine and LaRose earlier Monday night issued a statement after the judge's ruling, saying going forward with the election puts voters and poll workers over 65 and those with health issues at risk of being exposed to coronavirus.

Read more: https://www.daytondailynews.com/news/local/coronavirus-dewine-acton-give-updates-efforts-slow-virus/QxFijmWJLveYSolplq8c5I/

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Yes, you read that correctly. No, I have no idea what it means. Article updated at 9:36 P.M. EDT.

[DonaldsRump]

1. Let's call it the "Trump Virus"...give credit where it's due. n/t

[cstanleytech]

3. No, that really dilutes whos really at fault as it should be the Congressional Republican Virus.

[sandensea]

20. The Trump Plague

[wnylib]

39. Republican Plague

[reACTIONary]

64. Isn't that redundant ?

[wnylib]

65. Good point. You are quite correct.

But I like the sound of it. Hammers it home.

[denem]

2. Please delete. Polls are going ahead.

[LisaL]

5. Not true.

It's cancelled. DeWine is ignoring the court and election is cancelled due to public health emergency.
https://www.nbc4i.com/news/state-news/dewine-postpones-in-person-voting-for-primary-until-june-2/

[TwilightZone]

6. No, DeWine issued the statement after the ruling.

As noted in the article. He's basically ignoring the ruling.

[spooky3]

7. Not according to Connie Schultz or to the Columbus Dispatch.

DeWine is defying the judge's order.

https://www.dispatch.com/

[orleans]

24. this

"After 10 p.m. it was announced that Dr. Acton would be issuing the public health order."
https://www.daytondailynews.com/news/local/coronavirus-dewine-acton-give-updates-efforts-slow-virus/QxFijmWJLveYSolplq8c5I/

[dchill]

4. That means screw the court, he's shutting it down.

[jimfields33]

8. I guess he doesn't want a bunch of deaths in Ohio

[LisaL]

11. I guess he should shut down supermarkets too.

Of course we are going to starve to death then.

[FailureToCommunicate]

14. Oh, sure. That's his motivation. Concern for all those Democrats.

[jimfields33]

16. It could be just republicans I don't know

Democratic voters go to vote and pass it to republicans? Maybe his thinking. But really it’s numbers only he’s worried about.

[spooky3]

26. The judge asked why he waited until 12 hours before

The primary. Why didn’t DeWine convene the general assembly, as required by law? He’s know about the virus for weeks.

Also: Why did an email go out to polls workers, telling them not to show up tomorrow, before the judge had even made a decision?

[onenote]

31. Seems like he has more concern for them than you do.

Since you're the one that wants to force at-risk people to choose between being disenfranchised by not voting or ignoring the clear advice of the experts that they should be staying home.

[FailureToCommunicate]

63. Unlikely, since I am a Buckeye. But it's hard not to suspect hypocrisy with this news...

Governor keeps factories open, shuts voting down:

https://www.democraticunderground.com/1287672952

[LanternWaste]

51. That's certainly the popular spin.

[FailureToCommunicate]

9. Another Republican attempt at voter suppression.

[jimfields33]

19. Hmmm. Did they not say the election would be in June?

[atreides1]

38. Sure

Then June becomes August...then October...then "we can't allow elections, because of a health emergency"...

[jimfields33]

41. The alternative is allow the primary and get a bunch of people deathly sick

What is your preference?

[treestar]

62. That's not a certainty

People could keep their distance. Voting is important.

[treestar]

60. If the virus is till around

they may postpone it again.

At least they can't do this with the General.

[MarcA]

32. Yes. Extend the Democratic Primary unnecessarily. n/t

[LisaL]

12. And DeWine says yes.

Do you not get it? They are ignoring the court.

[OilemFirchen]

13. No.

DeWine is defying the court order.

[dchill]

15. That's the only way to read it

[kairos12]

17. You know Trump is watching this.

[Calista241]

49. He can watch, but he can't remain President by cancelling election.

The 20th amendment is explicit and clear:

Section 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

Section 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

[treestar]

61. If Congress is a D majority

that might be OK - since the other changes there can't be a VP without a P. That leaves the new Congress to decide. So it's extremely important that we not let the Rs take Congress.

[Raven123]

18. Closing the polls will disenfranchise voters and result in another lawsuit.

[onenote]

21. Opening the polls will put poll workers and voters at risk

And the election will eventually go forward, so how does delaying it "disenfranchise" anyone?

[dware]

22. it doesn't.

People are freaking out over nothing, as you say, it's only a delay, there is no "disenfranchise".

[LisaL]

36. What's the mechanism to delay?

DeWine couldn't do it legally, court didn't allow it. I have no clue what will happen.

[spooky3]

27. Because, as the judge said, we don't know that conditions will

Be better then. Why not convene the general assembly to allow mail in votes after tomorrow, AND hold the polls open, with poll workers in low risk groups?

[Raven123]

35. Delaying does not. Closing the polls on election day does.

Actually I agree with delaying the election. I do hope those of us who favor common sense gun laws will rememberer this moment once this pandemic has passed. The “strict constructionist “ GOP claims that the Constitution guarantees anyone can own as many guns of any type they want. Well... the Ohio state constitution prohibits delaying an election unless the state is being invaded. Thats what got DeWine in this bind. He wanted to delay, but felt constrained so he punted to the courts. Kudos to the judge who forced this to the Supreme Court. Constitutions and constitutional remedies cannot always rise to the urgency of the moment.

[LisaL]

37. I guess they will have to call corona virus "the invader."

[Raven123]

43. Yep. DeWine has been very good on the coronavirus issue until this mess.

Actually DeWine quipped that point in his presser, but decided against it. Punted to the courts.

[LisaL]

44. DeWine went to court and lost.

Election is cancelled any way for health emergency.
I am very curious as to what will happen now, considering I didn't get to vote.
DeWine didn't have the authority to postpone the election. I am assuming he still doesn't. But election is cancelled.
What is the mechanism for having a different date for it?

[atreides1]

40. Really???

How long will they "delay" it for? If their "experts" keep singing the same tune...this "delay" could be permanent!

[Raven123]

45. Voters are vocal on this issue. Won't be surprised if those who haven't voted end up mail-in voting

[Coventina]

23. I don't trust a Republican shutting down a Democratic primary.

I don't.

I don't care what the excuse is.

Republicans are morally bankrupt. It can't possibly be about public health.

[onenote]

30. And I don't trust people who want to force my immune compromised family members

to choose between ignoring the clear advice they've been given to stay at home and going out to cast their votes for Joe.

Having the election tomorrow will disenfranchise many people who are following the advice they've been given to stay sequestered.

But some folks here seem to thing that listening and following expert advice is a bad thing.

[Coventina]

57. I agree it's a really bad situation. But I do not, and will not EVER trust a

Republican's so-called "concern" for Democratic voters.

[orleans]

25. "ohio polls to close as a public health emergency" (from article)

"After 10 p.m. it was announced that Dr. Acton would be issuing the public health order."

[Igel]

28. What's funny (in a dark way) is that we saw Iran.

And out-and-out ridiculed the Iranian government for their glorious GOTV drive for an election during an epidemic.

Or was I imagining things?

[PatrickforO]

29. A lot to be said for mail in ballots where you have a couple

weeks to vote and then can drop them off in a sealed dropoff box.

That's how my state does it.

[Maeve]

33. Ohio Supreme Court allows delay of primary

For real this time: There is no Ohio primary Tuesday.

Early Tuesday, the Ohio Supreme Court denied a legal challenge to the state delaying the primary. A candidate in Wood County filed the action alleging the delay of the primary violated election laws.

Only four justices participated in the ruling, which was issued without an opinion.

The ruling capped a chaotic 12 hours in which it appeared the election was off, back on, and then off again.

https://www.dispatch.com/news/20200316/coronavirus-ohio-supreme-court-allows-delay-to-primary-election

[LisaL]

46. Legally supreme court just denied a challenge by a local candidate.

Legally, DeWine doesn't have the authority to postpone the election.
Legally, secretary of state will now have to go to court to try and have it moved.
Legally, court didn't order it cancelled so will it agree to have it moved?
I am far from convinced OH will have the primary.

[Maeve]

53. Practically, they allowed the polling places to close

And technically, it wasn't DeWine stopping things, it was the Dept. of Health.

But it's not JUST a primary--there are other issues on the ballot, so there are things that have to be resolved on local levels. We usually don't have the primary until May--so it's not unusual for us to have little say in the choice of national candidates. This year was supposed to be different.
As for the final choice, I think the legislature may come back into session and sort the whole thing out now that there is some time to do so. The health crisis hit suddenly (yeah, we knew it was coming, but...)and the normal channels just couldn't cope with it.

[treestar]

34. "granted the opportunity"

OMG what a way to describe the vote. We have the RIGHT to vote. We are not "granted the opportunity."

[machoneman]

42. Throw his sorry ass in JAIL! Now!

[harley_weewax]

47. An Old Ohioan Here

My husband and I are both in our 70's, and he is in the high risk category. I'm a lifelong Democrat, and my husband saw the light 20 years ago. While we did not vote for Mike DeWine and don't agree with many of his policies, we find his hands-on, listen to the experts approach to be something that the entire country could use. Yes, we need to have the primaries, and postponed is better than cancelled. The virus is most deadly for seniors and those at high risk. Our schools and universities are closed, nursing homes and hospitals have visitor restrictions, and restaurants and bars are now carryout/delivery only. An ounce of prevention now will assure that more of us will be around to vote in the important election in November.

Our Democratic party has weighed in:

Ohio Democratic Party Statement on Governor’s Recommendation to Postpone Primary Election Day
MARCH 16, COLUMBUS — The Ohio Democratic Party released the following statement from Chairman David Pepper in response to Gov. Mike DeWine’s recommendation that the state postpone in-person voting for the primary election until Tuesday, June 2:

“Dr. Amy Acton and Gov. Mike DeWine shared their conclusion with me that the risk to voters, 35,000 poll workers, volunteers and the broader public through additional spread was too great to conduct in-person voting tomorrow. In deference to their expertise on this critical health crisis, I support that decision regarding in-person voting tomorrow.

“Extending an election is an unprecedented step, so we as a party are weighing alternatives on how to best do so — including the possibility to conduct the primary election entirely by vote-by-mail, as is done in several other states, with a deadline much earlier than June 2. This could better serve the interests of Ohio voters and the primary process that is already well underway, and we will consider offering those alternatives to the court once the case is filed.”

[LisaL]

48. Basically, there is no idea how it will be done.

DeWine had no authority to cancel the election or postpone the election.
So now courts will have to rule if election can be held at another date.
I don't know what the courts will rule.
So I don't know if I will get to vote.

[harley_weewax]

50. Ohio Supreme Court Ruling

The Ohio Supreme Court has already ruled against the first lawsuit against the postponement so it appears to be moving fast. There are three other states who postponed today's vote also. Fasten your seat belts.....

[Kashkakat v.2.0]

52. THERES THESE THINGS called industrial respirators and industrial gloves and coveralls - as a poll

worker over 65 I would NOT be too vain to wear these!!!! Then take a good shower when you get home.


Anyone at serious risk who feels differently - stay home and let other people take care of it. One good thing Im seeing at least in my neck of the woods - people stepping up to the plate and helping out as they can.

[Marthe48]

54. I hate that dewine ignored the court

whether or not the circumstances warranted his actions, this set a precedence for ignoring the courts and delaying of canceling elections.

I know the primary is reset for June 2, but dewine overstepped his legal authority, and more erosion of the our rule of law. gdi

[LisaL]

55. Nothing has been officially reset.

Secretary of state will have to go to court to reset anything.

[Marthe48]

56. We need to protect the general election

this is dangerous. A slippery slope.

[treestar]

59. Yes often we see ridicule of the concept of

Dummy Don "canceling" the election. If the virus is still around in November, wonder what could happen? Hopefully, since they are run by states, the blue states will hold theirs regardless and that forces the red states to do it.

[djg21]

58. Have you read the decision?

I haven’t been able to find it.

Unless you have read it, there is no basis to criticize. Media reports indicate that the Court declined to issue injunctive relief ordering that the primary be postponed because the question is a political one best left to elected officials and the State’s legislature, and in essence presents a separation of powers issue. If this is correct, it doesn’t foreclose the elected officials or legislature from actually deciding to postpone the primary. The Court just didn’t want to usurp the authority of the elected officials or legislature.

People on DU are often quick to jump to conclusions without investigating the facts, and without having a basis for their stated opinions. There is no conspiracy here, and no one is being deprived of a vote, as the primary will take place at a later date. Hopefully, the ability for more to vote by mail will be enhanced in the interim.

To level set, we are at the very onset of a public health emergency, and it makes absolutely no sense to go forward with primaries when the only even remotely way to prevent more widespread transmission of the Trump Plague is to engage in social distancing. Putting off the primary was the responsible thing to do.

[Marthe48]

67. Not that there won't be a primary

the way this was done. Slippery slope. I bet that the Supreme Court wouldn't say they won't use this as a precedent (as they did in bush v. Gore for 2000 decision)

[djg21]

68. Not at all.

The court seems to have held that this is a political question not to be resolved by a court, but rather by elected State officials and the State legislature. SCOTUS would not rely on a low level trial court for precedent. It wouldn’t have to. There are numerous SCOTUS cases addressing the issue of justiciability and political questions in federal courts. See, http://law2.umkc.edu/faculty/projects/ftrials/conlaw/politicalquestions.html https://fas.org/sgp/crs/misc/R43834.pdf. The precedent already is there.

[reACTIONary]

66. Politico cites overnight state Supreme Court ruling ...

https://www.politico.com/news/2020/03/16/ohio-governor-recommends-postponing-tuesdays-primary-132340