COLUMBUS, Ohio - A Franklin County judge on Monday night denied an effort backed by Gov. Mike DeWine to move Ohio’s primary election until June, after state officials said it would be dangerous to proceed with Tuesday’s election in light of the coronavirus pandemic.

Latest update: Citing health emergency, Ohio officials to order polls closed on Election Day, despite judge’s ruling

Judge Richard A. Frye, a Democrat, ruled on the case filed by two Franklin County residents. He said he was uncomfortable making an 11th-hour decision to delay the election, especially since state officials couldn’t say June would be any safer, and since many voters had expected the election would be on Tuesday.

DeWine and Ohio Secretary of State Frank LaRose jointly released a statement at 9 p.m. Monday that didn’t say whether they were going to appeal. And it didn’t provide clarity on the status of the election. Officials in the DeWine administration indicated Monday evening more information will be coming.

“The only thing more important than a free and fair election is the health and safety of Ohioans," the statement said. "The Ohio Department of Health and the CDC 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.”

In denying the request earlier in the evening, Frye said: “There are too many factors to balance in this unchartered territory to say that we ought to take this away from the legislature and elected statewide officials, and throw it to a Common Pleas court judge in Columbus 12 hours before the election."

The state could conceivably appeal the decision. As of 9:30 p.m., no appeal as a result of Frye’s order had been filed with the Ohio Supreme Court, a court spokeswoman said.

Monday’s developments threaten to plunge the March 17 election into chaos. Just hours before, DeWine and LaRose said in-person voting on Tuesday might be dangerous, especially for vulnerable populations. And at some point Monday, state officials erroneously told county elections workers that the judge had ruled in the state’s favor. County boards then told their poll workers to not report the following morning. After it became clear what had happened later Monday night, county boards contacted workers again, saying the election was back on.

And some media outlets, local and national, initially put out erroneous reports saying that the judge had ruled in favor of delaying the election, further adding to the widespread confusion among voters and government officials alike.

Two Franklin County voters, Jill Reardon and Judy Brockman, filed the lawsuit Monday evening, seeking to delay the election. Both women are over 65 with medical issues, and said in court filings they were afraid to show up at the polls on Tuesday because they didn’t want to risk their health.

The lawsuit was somewhat of a legal maneuver with backing from DeWine and other state officials.

DeWine told reporters Monday afternoon he didn’t have the authority to move the election, even in an emergency. But he said he would recommend it be delayed until June 2, allowing people time to cast votes by mail. Attorney General Dave Yost, the state’s legal counsel, said he wouldn’t oppose the lawsuit.

“Is it a perfect decision? No, absolutely it is not. But’s the best we believe of the alternatives," DeWine told reporters Monday afternoon, before the judge’s decision. “... And it doesn’t force people to choose between their health and their constitutional rights.”

Bridget Coontz, an assistant Ohio attorney general, made a similar argument in the courtroom before Frye.

“These times are anything but normal,” Coontz said. “The General Assembly has no authority to remedy a constitutional violation. If this election goes forward tomorrow, it can’t then turn around and grant any relief or give anything to the voters who will miss out on the opportunity to vote.”

Among those arguing against the state’s request was longtime GOP elections attorney Don Brey, who was representing Rep. Jason Stephens, a Republican appointed to the Ohio House last year.

Brey argued against moving the election, saying it would harm candidates who have spent money telling voters the election was March 17. He made an analogy that moving the election at the request of the governor the night before the election would be like President Donald Trump asking a federal judge to delay the general election in November.

“My understanding is that members of the General Assembly are available on four hours’ notice. Instead, we have this litigation in front of the court right now. The precedent is a terrible precedent. Think about it,” Brey said.

Before making his decision, Judge Frye said he hesitated to change state law that was enacted by the General Assembly.

“As of tonight, the governor has not called an emergency session of the legislature," Frye said.

Nor have the leaders of the Ohio House and Senate, he added.

Frye said that an unknown number of ballots from early voting and absentee voting had been turned in. It was unclear what election security measures would be taken if he were to delay the election. That also made it difficult for him to allow the election to be postponed.

“The notion that we postponed the primary... pre-supposes that the medical situation in America will get any better. We have no evidence that is the case,” he said. “And it could be quite the contrary, to my limited understanding. The doctors giving briefings in the national media suggest it could be months before we get to the point where there is stability.”

Zach West, an attorney representing the Ohio Democratic Party, also argued in the courtroom Monday evening. He said the party didn’t oppose moving the election, but said June was too late. He asked instead for the judge to set an April 28 election.

This story will be updated.