Ohio judge denies state's attempt to postpone primary until June 2

A judge on Monday evening ruled Ohio cannot move its Tuesday primary to June 2, but Gov. Mike DeWine (R) and Secretary of State Frank LaRose (R) released a statement in response saying it "simply isn't possible to hold an election tomorrow that will be considered legitimate by Ohioans."

Earlier Monday, DeWine said amid the coronavirus pandemic, the state "can't tell people it's in their best interest to stay home and at the same time tell people to go vote." He recommended postponing in-person voting until June 2, and supported a lawsuit filed to delay voting.

Judge Richard Frye ruled that it would be a "terrible precedent" for him to rewrite election code just hours before the polls open, The Columbus Dispatch reports. He also shot down the state's assertion that it will be safer to vote in a few months, as there is "no medical evidence" to suggest the pandemic will be over by the proposed new primary date of June 2. "To the contrary," Frye said, "it's my understanding from the briefings we've seen in the national media that it may be months before we get to a point of stability or a peak of the virus and its transmission rates."

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DeWine and LaRose released a joint statement after Frye made his ruling, saying the "only thing more important than a free and fair election is the health and safety of Ohioans." Health officials have advised against holding large gatherings of 50 or more people, and voters "mustn't be forced to choose between their health and exercising their constitutional rights," DeWine and LaRose said. It is not known if DeWine and LaRose could be held in contempt of court, the Columbus Dispatch reports

Florida, Illinois, and Arizona are scheduled to hold primaries on Tuesday, with officials in those states saying there are no plans to cancel.

This is a developing story, and has been updated throughout.