Ballotpedia is providing comprehensive coverage on how the coronavirus (COVID-19) pandemic is affecting America's political and civic life. Our coverage includes how federal, state, and local governments are responding, and how those responses are influencing election rules and operations, political campaigns, the economy, schools, and more.
This article contains coverage of eight kinds of state government responses to the coronavirus pandemic in 2020. The article tracks developments in these areas that took place between the start of the pandemic in March 2020 through Dec. 4, 2020. The government responses covered here include:
Ohio modified its primary election process as follows:
Election postponements: Absentee voting in the primary election was extended to April 27. The final date for in-person voting, restricted to individuals with disabilities and those without home mailing addresses, was April 28.
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October 9, 2020: Federal appeals court stays district court order directing secretary of state to allow ballot drop boxes at multiple sites within a county[edit]
On October 9, 2020, a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit stayed a district court's order directing Secretary of State Frank LaRose (R) to allow counties to install absentee/mail-in ballot drop boxes at locations other than election board offices. As a result, LaRose's initial order limiting drop boxes to one site per county was reinstated. The panel voted 2-1 on the matter, with Judges Richard Griffin and Amul Thapar forming the majority. In the court's order, Griffin wrote, "Federal courts are not 'overseers and micromanagers' of 'the minutiae of state election processes.' The district court in this case altered election rules during an election and in disregard for Ohio's important state interests." Griffin and Thapar were appointed by Presidents George W. Bush (R) and Donald Trump (R), respectively. Judge Helene White dissented: "[To] hold that the constitutionality of a last-minute order by a single state official impacting the voting rights of thousands of citizens may not be adjudicated until after their right to vote has been disrupted applies Supreme Court precedent to an inappropriate context." White, like Griffin, was a Bush appointee.[1]
October 8, 2020: Federal district court orders secretary of state to allow ballot drop boxes at multiple sites within a county[edit]
On October 8, 2020, Judge Dan Aaron Polster, of the U.S. District Court for the Northern District of Ohio, ordered Secretary of State Frank LaRose (R) to allow counties to install absentee/mail-in ballot drop boxes at locations other than election board offices. In his ruling, Polster wrote, "The Secretary has not advanced any legitimate reason to prohibit a county board of elections from utilizing off-site drop boxes and/or off-site delivery of ballots to staff. Voting began October 6, the Cuyahoga County board voted to begin collecting ballots at public libraries on October 14, other county boards may now vote to implement plans for off-site collection, and it is time for this litigation to end."[2]
Polster's order took effect immediately. LaRose appealed the decision to the U.S. Court of Appeals for the Sixth Circuit. In a statement, Maggie Sheehan, a spokeswoman for LaRose, said, "Voting has begun, and Ohio’s elections are safe, secure and accessible. The place to make changes in how we run our elections is the Statehouse, not the courthouse."[3]
October 2, 2020: State appeals court says secretary of state has discretion to determine limits on absentee/mail-in ballot drop boxes[edit]
On October 2, 2020, a three-judge panel of the Ohio 10th District Court of Appeals ruled that Ohio Secretary of State Frank LaRose (R) could direct counties to offer multiple drop-box locations for returning absentee/mail-in ballots. The panel stopped short of requiring LaRose to do so, overturning a lower court decision to that effect.[4]
On October 5, 2020, Ohio Secretary of State Frank LaRose (R) announced that counties would be allowed to offer multiple drop-off options for returning absentee/mail-in ballots. LaRose said that these options would be restricted to one site per county.[5]
September 16, 2020: State judge enjoins state limitation on absentee/mail-in ballot drop boxes, stays order pending appeal[edit]
On September 16, 2020, Judge Richard A. Frye, of the Franklin County Court of Common Pleas, ordered Secretary of State Frank LaRose (R) to stop directing counties to provide no more than one absentee/mail-in ballot drop box per county. However, Frye immediately stayed his order in anticipation of an appeal by LaRose and in keeping with Ohio law, which "obligates an Ohio court to stay a judgment when appeal is taken by a state agency or officer." LaRose filed his appeal with the Ohio Court of Appeals for the Tenth Appellate District on September 21, 2020.[6][7]
September 15, 2020: State judge finds limitation on absentee ballot drop boxes "unreasonable," stops short of rescinding limitation[edit]
On September 15, 2020, Judge Richard Frye, of the Franklin County Court of Common Pleas, ruled that the order from Secretary of State Frank LaRose (R) directing counties to provide no more than one absentee/mail-in ballot drop box per county "lacked a legitimate basis in evidence" and was, therefore, "unreasonable and unlawful." Frye stopped short of rescinding the order, citing previous indications by LaRose that he supported "additional drop boxes if they are legal." In response to the ruling, Maggie Sheehan , a spokeswoman for LaRose, said, "Today’s ruling didn’t change anything, and the secretary’s directive remains in place."[8][9]
September 11, 2020: Judge orders election officials to accept absentee ballot applications submitted by fax or email[edit]
On September 11, 2020, Judge Stephen L. McIntosh, of the Franklin County Court of Common Pleas, enjoined Secretary of State Frank LaRose (R) from rejecting absentee ballot applications submitted via fax or email. McIntosh ordered officials to accept applications submitted by fax or email for the November 3, 2020, general election. The full text of McIntosh's order can be accessed here.[10]
August 12, 2020: Secretary of state directs counties to provide one drop-box for absentee/mail-in ballots[edit]
On August 12, 2020, Secretary of State Frank LaRose (R) directed each county election board to provide one drop-box for absentee/mail-in ballots in the November 3, 2020, general election. LaRose included this directive in a document outlining health guidelines for county election boards, which can be accessed here.[11]
March 27, 2020: Governor signs legislation extending absentee voting in primary to April 27, 2020[edit]
On March 27, 2020, Ohio Governor Mike DeWine (R) signed HB 197 into law, extending absentee voting in the state's primary to April 27, 2020, and setting the final date for in-person voting, restricted to individuals with disabilities and those without home mailing addresses, as April 28, 2020. Under the legislation, every eligible voter was set to receive a postcard describing the process for obtaining an absentee ballot application. The voter registration deadline, originally February 18, 2020, remained unchanged. Votes already cast, either by mail or in person, prior to March 17, 2020, would be counted as valid.[12][13][14]
March 16-17, 2020: Ohio state health director orders closure of polls on March 17, 2020[edit]
The following is a chronological account of events involving the postponement of Ohio's March 17, 2020, primary election.
On March 16, 2020, a group of private citizens filed suit in the Franklin County Court of Common Pleas, at the request of Governor Mike DeWine (R), seeking a postponement of the state's primary election, originally scheduled for March 17, 2020. Both DeWine and Ohio Secretary of State Frank LaRose (R) advocated for the postponement. Neither, however, could order the postponement themselves. They also could not file suit in state court to effect the change because the state and its officials cannot sue themselves.[16]
Later that day, Judge Richard Frye issued an order declining to postpone the primary. On announcing the order, 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."[17][18]
In a joint press release issued shortly after 9:00 p.m. Eastern, DeWine and LaRose said, "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."[19]
Aaron Ockerman, head of the Ohio Association of Elections Officials, said, "At this point in the evening, it is almost impossible for boards of elections or the secretary of state to give a concrete answer as to what the plan for tomorrow is. There is lots of conflicting information floating around, so we will wait for the courts to make a final decision and act according to the instructions we receive. We expect a long night, and will be prepared for [Tuesday] whatever that decision is."[19]
Shortly after 10:00 p.m. Eastern, DeWine announced that polls would be closed on March 17, 2020, by the order of the state health director:[20]
“
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 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."[21]
”
—Gov. Mike DeWine
In response to this announcement, a candidate for office in Wood County, Ohio, filed suit in the state supreme court, alleging that the postponement violated state election laws. Shortly before 4:00 a.m. Eastern, March 17, 2020, the court rejected this argument, allowing the postponement to stand. Four justices participated in the ruling, which was issued without an opinion: Chief Justice Maureen O'Connor and Justices Pat Fischer, Michael P. Donnelly, and Melody Stewart:. Three justices recused themselves: Justices Judith French, Sharon L. Kennedy, and Pat DeWine.[22]
LaRose preliminarily postponed in-person voting to June 2, 2020. The absentee ballot application deadline was extended to May 26, 2020, and the postmark deadline was extended to June 1. The voter registration deadline, originally February 18, 2020, was set to stand. All ballots already cast, either by mail or in person, were set to be counted as usual. These dates were rendered moot upon the enactment of HB 197, which rescheduled the primary election for April 28, 2020.[23]
On March 17, 2020, the Democratic Party of Ohio and Kiara Sanders, a registered voter in Franklin County, filed suit against LaRose in the state supreme court. The plaintiffs alleged that LaRose was "patently and unambiguously without jurisdiction and legal authority to suspend, move, or set the date of Ohio's 2020 presidential primary election." They argued instead that the legal authority to set the date of the primary election rested with the state legislature. This suit was also rendered moot by the enactment of HB 197.[24]
March 15, 2020: Secretary of state authorizes curbside voting on Election Day and changes to absentee voting procedures[edit]
On March 15, 2020, Ohio Secretary of State Frank LaRose (R) directed county boards of elections to offer curbside voting to "any voter that is concerned about coming inside a polling location." The secretary of state also directed election officials to accept absentee ballot applications until 3:00 p.m. on March 17, 2020, for voters "unforeseeably confined due to concerns regarding Coronavirus/COVID-19."[25][26] These orders were ultimately rendered moot by the postponement of in-person voting in the primary election to June 2, 2020.
Statewide stay-at-home order, March 23 through December 4[edit]
On March 22, Amy Acton, the Director of the Ohio Department of Health, issued a stay at home order that directed individuals in the state to stay at home unless performing essential activities and placed restrictions on non-essential businesses.[27] The order was originally set to expire on April 6. Gov. Mike DeWine (R) extended the order to May 1.[28] On April 30, he extended the order until May 29.[29] On May 19, DeWine signed “Ohioans Protecting Ohioans Urgent Health Advisory,” which replaced the state’s stay-at-home order, “Stay Safe Ohio.”[30]
The stay at home order specified the industries and businesses that would be permitted to remain open.
May 19, 2020: The Ohio Jury Trial Advisory Group issued a report and recommendations titled, “Standards and Practices Essential to the Resumption of Jury Trials in Ohio.” The recommendations, prepared for Ohio Supreme Court Chief Justice Maureen O’Connor, outlined how the court might safely resume jury trials following the coronavirus pandemic, including social distancing during voir dire, and sanitization of courthouse facilities.[31]
May 8, 2020: The Ohio Supreme Court issued “Responsible RestartOhio Court Access Plan,” which provided guidelines for the operation of Ohio’s judicial system. The plan included providing daily health assessments of employees and establishing a process for the sanitation and cleaning of court facilities.[32]
March 17. 2020: State courts in Ohio were open and adhering to CDC recommendations.[33] Numerous localities have suspended or delayed trials.[34]
Legislative session changes, March 20 through October 1[edit]
The Ohio State Legislature suspended legislative activity on an uncertain date. The House reconvened on May 6, 2020. The Senate is scheduled to reconvene on May 13, 2020.[35][36]
Proposed and enacted legislation, March 25 through August 19[edit]
See below for a complete list of bills related to the coronavirus pandemic in Ohio. To learn more about a particular bill, click its title. This information is provided by BillTrack50 and LegiScan.
Rent, mortgage, eviction, and foreclosure policies, April 9 through November 24[edit]
As of April 6, 2020, Ohio had not implemented any policies related to evictions or foreclosures in response to the coronavirus.
On April 1, Gov. Mike DeWine (R) issued an executive order requesting landlords suspend evictions for commercial tenants inability to pay rent due to the coronavirus pandemic for 90 days.[37]
May 26, 2020: The Supreme Court of the United States declined to stay an order issued by U.S. District Judge James Gwin that would require the government to move hundreds of at-risk inmates from federal prison. The Department of Justice appealed Gwin’s order, first to the Sixth Circuit (who declined to act) and then to the Supreme Court. The court’s statement noted that Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch would have granted the administration’s request.[39]
May 19, 2020: On May 19, U.S. District Court Judge James Gwin for the Northern District of Ohio ordered the Bureau of Prisons to expedite the release of 837 medically vulnerable inmates in Ohio’s Elkton Federal Correctional Institute through home confinement or compassionate release due to the coronavirus pandemic. In his order, the judge cited “poor progress in transferring the subclass members out of Elkton through the various means referenced in the Court’s preliminary injunction order.” The ruling follows a class action habeas petition filed by the ACLU of Ohio and the Ohio Justice and Policy Center.[40]
April 22, 2020: U.S. District Court Judge James Gwin for the Northern District of Ohio ordered the transfer or release of certain vulnerable inmate populations from Elkton prison, a federal prison in Ohio, due to the coronavirus pandemic. Inmates who are older with underlying health conditions are considered for transfer out of the prison through, but not limited to, compassionate release, parole or community supervision, transfer furlough, or non-transfer furlough within two weeks. Those who are deemed ineligible, but are still vulnerable, will be transferred to another Bureau of Prisons facility where measures, such as testing and social distancing, can be taken.[41]
April 16, 2020: Gov. Mike DeWine authorized the release of 105 inmates who were near the end of their sentences. The releases were approved by Ohio's Correctional Institution Inspection Committee. The inmates released were nonviolent offenders with no warrants in other states or significant prison rule violations and were within 90 days of their initial release date.[42]
April 14, 2020: Ohio's Correctional Institution Inspection Committee, at the request of Gov. Mike DeWine, approved the early release of 141 inmates due to the coronavirus pandemic. The inmates considered for release were within 90 days of their original release date and were not convicted of violent or sex offenses.[43]
April 3, 2020: Gov. Mike DeWine announced that his administration recommended the release of 38 inmates, who had not been convicted of violent offenses, due to coronavirus.[44] A few counties made the decision to release incarcerated individuals on the local level.[45]
Debate in Ohio over responses to the coronavirus[edit]
Ballotpedia is covering the debate over continuing restrictions and closures in Ohio in response to the coronavirus pandemic. Click on the links below to read more about these debates.
Status of industries, May 15 through July 31[edit]
Between May 15 and July 31, we conducted detailed tracking of industries and activities in each state daily.
"Yes" means an activity was allowed or an industry was permitted to open. "No" means an activity was not allowed or an industry was not permitted to reopen.
Some rules were applied regionally rather than statewide. Each cell shows the loosest restriction in place at the time, or the broadest level of an activity permitted in the state, even if that activity was only permitted regionally. Where applicable, we indicated that an activity was only permitted regionally, and provided details in a cell note. For example, if gyms were permitted to open in half of a state, the spreadsheet would say "Yes (regionally)," and differences between the regions would be explained in a note.
A lack of detail in a note or parentheses does not necessarily mean that an activity or industry was "back to normal." We did our best to capture caveats, exceptions, and modifications to activities. We acknowledge, though, that states put forth a large number of requirements for many industries and activities.
Initial reopening plan from March and April 2020 closures[edit]
Ohio released an initial reopening plan from March and April 2020 closures on April 27, 2020. An analysis of this plan appeared in our Documenting America's Path to Recovery newsletter on May 20. The sections below include an analysis of the plan, the details of the plan, and reactions from officials to the plan.
On April 27, Ohio Gov. Mike DeWine (R), Lt. Gov. Jon Husted (R), and Director of the Ohio Department of Health Amy Acton announced the Responsible Restart Ohio plan.
The initial plan included extending certain stay-at-home protocols and allowing sectors including manufacturing, offices, and retail to reopen between May 4 and May 12 under specified guidelines. Subsequent orders from the state health department have allowed other sectors to reopen.
The Restart plan includes protocols that all businesses must follow, such as requiring employees to wear face coverings and limiting capacity to meet social distancing guidelines.
The plan also includes sector-specific requirements and recommendations for 14 types of businesses and additional guidance for healthcare services and hospitals. Nine sector-specific advisory groups are responsible for advising on best practices.
On April 27, DeWine said, "We put this plan together based on all the information we have about how dangerous COVID-19 still is right now, balanced with the fact that it's also dangerous to have people not working. … COVID-19 is still out there. It's still killing people. We're asking Ohioans to be reasonable and rational. Please don't take huge chances, and please use common sense when you go out and where you go out."
On May 19, DeWine announced the end of the Stay Safe Ohio order and its replacement by the Ohioans Protecting Ohioans Urgent Health Advisory. He said the state is shifting from requirements to strong recommendations for some measures because Ohioans have avoided overwhelming hospitals, the number of secondary infections caused by an initially infected person are down, and best practices for reopening businesses are in place.
The Ohio Department of Health issued a stay-at-home order effective 11:59 p.m. on March 23, set to expire April 6. It ordered people to stay home except for essential activities and to maintain a distance of six feet in public, limited gatherings to no more than 10 people, and ordered nonessential businesses to close (dine-in and personal services were ordered closed between March 15 and 19). The health department amended the order with additional restrictions on April 2, extending it until May 1.
The health department issued the Stay Safe Ohio order on April 30, continuing several stay-at-home protocols and allowing for certain sectors to reopen under specified guidelines. The Ohio Department of Health has released additional orders allowing other sectors to reopen, and the governor's office and health department released a timeline for further reopenings. On May 19, DeWine announced the Stay Safe order was replaced ahead of its May 29 expiration date with an advisory.
As of May 19, Ohio had 28,952 confirmed and probable cases of COVID-19 and 1,720 confirmed and probable deaths. Ohio had an estimated population of 11.7 million as of July 2019. Ohio had 247.7 cases per 100,000 residents and 14.7 deaths per 100,000 residents.
Ohio is a Republican trifecta, with a Republican governor and Republican majorities in both chambers of the state legislature.
Ohioans Protecting Ohioans Urgent Health Advisory[edit]
At the time of this writing, the advisory replacing the Stay Safe Ohio order had not yet been signed. The following information is from DeWine's press briefing and a press release on May 19.
The health advisory includes the following recommendations:
Maintain six feet of social distancing
Wash hands frequently
Vulnerable individuals (65 and older, or any age with an underlying health condition) stay home as much as possible, avoid crowds, and wear a mask when out
All residents stay at home as much as possible
Not traveling unnecessarily
The advisory removes a 14-day quarantine period for people traveling into or returning to Ohio.
The advisory announcement also said, "those who have tested positive for COVID-19 and have not recovered, those who are presumptively diagnosed with COVID-19, and those who are exhibiting the symptoms identified in the screening guidance available from the CDC and the Ohio Department of Health" may not enter the state except in certain circumstances.
The 10-person gathering size limit and requirements on businesses to follow social distancing and sanitation guidelines remain in place.
After DeWine announced his initial plan on April 27, state House Speaker Larry Householder (R) said the following on the May 12 reopening date for retail:
"There is a tremendous amount of frustration from the majority of members in the Ohio House regarding the Administration's unwillingness to recognize that small businesses that have much less daily traffic in their stores are closed while their large chain competitors have been open throughout the process.
As long as small retailers continue to be shut down while national chains are allowed to remain open, government is assisting in the demise of many great small businesses. The big get bigger and the small go away."
On May 8, WCBE reported that Ohio Democratic Party Chairman David Pepper said:
"No child care? Tough luck. Let’s protect any company that opened unhealthily from liability. You lose your unemployment because you didn’t feel safe. All the risks of this reopening from my view are being pushed down to the worker."
A joint statement from the Ohio Chamber of Commerce, Ohio Council of Retail Merchants, National Federation of Independent Businesses Ohio Chapter, Ohio Farm Bureau Federation, Ohio Manufacturers Association, and Ohio Business Roundtable said of the April 27 plan:
"Today’s announcement on the reopening strategies of Governor Mike DeWine and Lt. Governor Jon Husted are responsible first steps to Ohio getting back to business. For many businesses in Ohio, the staged reopening of commerce beginning May 1 through May 12 is a relief. We appreciate that the DeWine Administration listened to the business community as well as relevant experts in establishing the required safety protocols."
The Ohio Municipal League said of the April 27 plan:
"The decisions being made by the Governor reflect the difficult choices in balancing the potential health consequences of reengaging Ohio’s economy with the realities that the prolonged interruption of economic activity will have on our state and our communities. We appreciate the Governor and administration officials for their continued communication with Ohio’s municipal leaders and for the partnership in addressing the challenges facing those on our front lines of the COVID-19 pandemic."