7 votes

Ohio Department of Health will order polls closed Tuesday as health emergency

5 comments

  1. [5]
    JXM
    Link
    So who has the final authority here? Is it the courts or the Department of Health? In Florida, primary voting is happening right now and seems to be proceeding without issue. But we won't know if...

    So who has the final authority here? Is it the courts or the Department of Health?

    In Florida, primary voting is happening right now and seems to be proceeding without issue. But we won't know if people are spreading the virus for another two weeks, I suppose.

    3 votes
    1. [4]
      SheepWolf
      Link Parent
      From what I've been reading, Secretary of State Frank LaRose (plus Gov. DeWine), is pushing to move the election date, but the Secretary of State does not have any actual authority to officially...

      From what I've been reading, Secretary of State Frank LaRose (plus Gov. DeWine), is pushing to move the election date, but the Secretary of State does not have any actual authority to officially shift the election day.

      From a different article:

      DeWine and Ohio Secretary of State Frank LaRose filed a joint lawsuit Monday afternoon in order to get the election postponed. But Judge Richard Frye declined their request later Monday, saying that to postpone the vote would set a "terrible precedent," the Associated Press reported.

      "There are too many factors to balance in this uncharted territory to say that we ought to take it away from the Legislature and elected statewide officials, and throw it to a common pleas court judge in Columbus with 12 hours to go before the election," Frye added.

      So it looks like it is up to the Ohio General Assembly to meet and decide if the date will actually be moved.

      Forgive me if I'm wrong but in summary: the Ohio executive branch (Gov. DeWine), orders the polls be closed. At around the same time, he and LaRose also file a lawsuit to a judge to get the date moved. The judge says no that can't be allowed, it is up to the legislative branch to decide that officially.

      5 votes
      1. [3]
        JXM
        Link Parent
        But if the polls are closed today, he basically violated the court order...so are there any repercussions for the governor violating the law?

        But if the polls are closed today, he basically violated the court order...so are there any repercussions for the governor violating the law?

        2 votes
        1. MimicSquid
          Link Parent
          This is the question of our time: if they just break the law, what are we going to do about it?

          This is the question of our time: if they just break the law, what are we going to do about it?

          4 votes
        2. SheepWolf
          (edited )
          Link Parent
          I think (not 100% though) closing the polls due to the health risk was allowed and within their power (or maybe both the governor and OH Dept of Health Director Dr. Amy Acton). The part that was...

          I think (not 100% though) closing the polls due to the health risk was allowed and within their power (or maybe both the governor and OH Dept of Health Director Dr. Amy Acton). The part that was rejected was moving the date?.

          Curbside voting was offered and restrictions on absentee voting were relaxed. Much of the major confusion lies in the fact that the decision/announcement to close the polls and try to find an alternative came very late on Monday. There is still a bunch of uncertainty about whether the new date will be June 2nd or not, so I'm just trying to sort through the things I find.

          Looks like there's official information here: https://www.ohiosos.gov/coronafacts/

          2 votes