No, we’re not having an election today; here’s what happened last night

COLUMBUS — As far as we can tell, today's primary election is off — for now, at least.

After hours of limbo and radio silence from local and state elections officials, Ohio Gov. Mike DeWine announced the state would forcibly close the polls using public health emergency powers, in order to dampen the surge of the new coronavirus, or COVID-19.

The announcement came just before 10:30 p.m., a mere eight hours before the polls were scheduled to open.

Here's the series of tweets from DeWine's Twitter account late Monday night:

The only thing more important than a free and fair election is the health and safety of Ohioans.

[The Ohio Department of Health and the U.S. Centers for Disease Control and Prevention] have advised against anyone gathering in groups larger than 50 people, which will occur if the election goes forward.

Additionally, Ohioans over 65 and those with certain health conditions have been advised to limit their nonessential contact with others, affecting their ability to vote or serve as poll workers.

Logistically, under these extraordinary circumstances, it simply isn't possible to hold an election tomorrow that will be considered legitimate by Ohioans.

They mustn't be forced to choose between their health and exercising their constitutional rights.

As such, [Ohio Department of Health Director] Dr. Amy Acton will order the polls closed as a health emergency. While the polls will be closed tomorrow, [Ohio] Secretary of State Frank LaRose will seek a remedy through the court to extend voting options so that every voter who wants to vote will be granted that opportunity.

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 an unacceptable health risk of contracting coronavirus.

As the governor himself does not have the authority to suspend an election, DeWine's office on Monday afternoon sought a court order in Franklin County Common Pleas Court to delay in-person voting until June 2, while also extending the window for absentee ballots to be cast by mail until then.

But Franklin County Judge Richard Frye rejected the sudden request at about 7 p.m. Monday.

"I'm very reluctant to undermine [Ohio statute] and say we'll have a judge in Columbus rewrite the election code, reset the election for some arbitrary date in the future and upset the apple cart in a terrible precedent," Judge Frye said, adding the governor could have called state legislators to reconvene and weigh the decision themselves, but did not.

"There are too many factors to balance in this uncharted territory to say that we ought to take it away from the legislature and statewide elected officials and throw it to a judge in Columbus with 12 hours to go to the election."

Though Ohio House Speaker Larry Householder said there "was talk" of an appeal, he noted the appellate venue wouldn't reopen until 8:30 a.m. today and recommended representatives ready their constituents to hold an election.

According to Ohio Revised Code on the state health department's powers, it has the ability to "make special or standing orders or rules ... for preventing the spread of contagious or infectious diseases."

But although it appears Acton has the statutory backing to close polls, she doesn't have the authority to suspend the election, sources said Monday night, which likely means today is technically still Election Day — but Ohioans won't be allowed to go to the polls.

Late Monday night, LaRose issued marching orders for county boards of elections, which allow for asentee ballots to be delivered to election offices until 7:30 p.m. tonight, when the in-person polls were scheduled to close. You can find that document below.

In responding to a question about the collateral effects of the statewide school closure announced during DeWine's March 12 coronavirus briefing, he said it would be necessary to cut through red tape to do what they feel is best for Ohioans' safety.

"We're going to do what we have to do and ask for forgiveness later," he said. "Is it going to be messy? Yes, it's going to be messy."

THE ELEVENTH HOUR

DeWine's eleventh-hour move brought more uncertainty to a populace whipsawed by a day of new announcements — from President Donald Trump's call to limit gatherings to fewer than 10 people, to a state-directed closure of movie theaters and gyms to the Dow Jones' plunge of nearly 3,000 points.

All of that happened between 2 p.m. and 4 p.m. Monday.

Though DeWine appeared Monday evening on CNN and Fox News to discuss what he said was a difficult decision, communications from the governor's office didn't appear to be reaching ground-level.

It wasn't until about 10:30 p.m. Monday that Trumbull County's elections website reported the health department's emergency poll closure, to replace a message showing local officials were still awaiting direction from LaRose's office, which was up for the latter half of the day. Mahoning County's elections site linked to LaRose's three-page directive shortly after the announcement.

Following DeWine's briefing, election officials across the Mahoning Valley were not reachable by phone. In Mahoning County, phones rang busy and Director Joyce Kale-Pesta could not be reached for comment. Columbiana County officials were mired in meetings and didn't return calls. Trumbull County's lines played a repeating automated message, the same found on the board's website.

In a Facebook post Monday evening, Mark Alberini, the Trumbull County election board's president, said election officials "fully expected" the election would be postponed, but were preparing anyway for election night, "just to be safe."

DeWine said Monday his decision to postpone in-person voting was partially based on new guidelines from the U.S. Centers for Disease Control and Prevention that urge against mass gatherings of 50 people or more, as well as concerns for Ohio's 35,000 poll workers, many of whom are older than 65 years old and at high risk for succumbing to the highly infectious disease.

On Monday, President Trump's administration also urged against gatherings of more than 10 people in order to curtail the virus' spread.

"We cannot conduct in-person voting tomorrow and conform to these guidelines," DeWine said. "[Lt. Gov. Jon Husted] and I have talked to people throughout Ohio who, frankly, are very conflicted — conflicted in whether they vote tomorrow.

"We should not force them to make this choice — a choice between their health and their constitutional rights and their duties as American citizens."

When DeWine was asked Monday why he waited until the day before the election to propose a postponement, he said he felt public perception of the virus' dangers was beginning to change people's minds about venturing out in public.

Georgia, Kentucky and Louisiana have pushed back their primary elections also set for today, according to the New York Times. Today's elections in Arizona, Florida and Illinois will proceed, officials said.

LaRose during Monday's briefing said he's been working with officials in several of those states, who have also based their decisions on advice from their local health officials.

"Last night we thought it was safe to conduct the election. Today we thought it was not," he said.

Mahoning County commissioners have called an emergency press conference on the county's coronavirus response set for 11 a.m. today in the commissioners' meeting room in the basement of the Mahoning County Courthouse.

As part of a string of directed restrictions and closures that has grown this month to include dining in at restaurants and all K-12 schools, DeWine on Monday ordered closures of several other types of establishments Monday including: fitness centers and gyms; bowling alleys; public recreation centers; movie theaters; indoor water parks; and indoor trampoline parks.

DeWine's order last week banning mass gatherings of 100 people or more was also amended to 50 people or more, to match the latest CDC guidelines, he said.

Online commenters on Mahoning Matters' Facebook page wondered what to do about scheduled family gatherings like weddings and funerals.

"We can't micromanage every [part] of people's lives, nor should we be," DeWine said Monday. "Ultimately, people, our main message is people need to be careful. They need to take control. They need to do everything they can to avoid being a spreader of this."

Secretary of State Frank LaRose late Monday issued a directive outlining how election work will continue following Monday night's poll closure. Read that full document below:

This story was originally published March 17, 2020 at 3:52 AM with the headline "No, we’re not having an election today; here’s what happened last night."