March 21, 2020
All Members of the Ohio General Assembly
Sent Electronically
Dear Colleagues,
I am writing to you today to update you on the status of Ohio’s election following the much
publicized events of the last few days in light of the Coronavirus/COVID-19 outbreak, and to ask
for your support of the forthcoming Ohio Voters First Act, a path forward to complete this
election as quickly as possible that will simultaneously protect public safety and ensure every
eligible Ohio voter has the opportunity to have their voice heard.
In the weeks leading up to Ohio’s March 17 primary election, I was in daily contact with Ohio
Department of Health Director Dr. Amy Acton and members of Governor DeWine’s senior team
regarding Ohio’s preparedness to hold safe and accessible in-person voting on Election Day. As
late as the evening of Sunday, March 15, Dr. Acton’s guidance was that it was safe to hold
elections on Tuesday by practicing hand hygiene, disinfecting voting equipment, and utilizing
social distancing in polling places. Despite the coronavirus crisis, Ohio was ready to hold
elections. We had implemented additional measures recommended by the CDC and Ohio
Department of Health (ODH), relocated over 150 polling locations from senior residential
facilities, and nearly 3,000 Ohioans had stepped up and been trained in just a few days to
mitigate concerns about a poll worker shortage.
That changed dramatically on Monday morning when I received a call from Lt. Governor Husted
to inform me that, as a result of new CDC guidance and a staggering spike in the death toll from
this virus in Europe, Governor DeWine would be advising seniors over the age of 65 to remain in
their homes and prohibiting gatherings of groups of 50 or more. As has become our new reality
in this crisis, the Governor and his public health advisors had received new information
overnight. In this case, it was information that made it clear that it was too dangerous for voters
and poll workers alike to hold in-person voting on March 17. The Governor asked the Lt.
Governor and me to work through possible solutions and bring him a recommendation. When
Jon and I started working on this our mission was clear; conclude this election as quickly as
possible without disenfranchising any voters or jeopardizing the health of our fellow Ohioans.
After examining all options, we drafted a plan which became Directive 2020-06 - the instructions
I issued to county boards of elections on Monday evening.
Thanks to the decisive leadership of Governor Mike DeWine and ODH Director Dr. Amy
Acton, we saved lives by closing the polls on March 17.
It is my responsibility as Ohio’s chief elections officer to ensure that the March 17 primary
election is completed in an honest way, ensuring that every eligible voter has a free, accessible,

 and safe opportunity to make their voices heard. It is, of course, self-evident that it was
impossible to hold an election on Tuesday when nearly 20 percent of our state’s population had
been told on Monday that they should not leave their homes unless absolutely necessary. We
simply could not ask our seniors to make the choice between going to vote or following the
Governor’s advice to stay healthy. Had an in-person election occurred under such conditions it
would have been illegitimate and unsafe.
On Monday night, minutes after Dr. Acton’s order to close the polls, I issued Directive 2020-06
to Ohio’s county boards of elections laying out a path forward to finish the primary election as
quickly as possible and in a manner that is accessible to every eligible voter.
Despite speculation to the contrary, June 2 is the earliest date by which that can be done due to
the logistical realities of conducting a vote-by-mail election, the ever-evolving health realities of
protecting against the spread of Coronavirus and the sacred responsibility we have as public
officials to preserve the integrity of our election. Not only is this date the earliest we can conduct
a vote-by-mail election, it is also a date that allows us to assign delegates for the Democratic
party. In fact, the schedule I have outlined calls for the official canvas to be completed and
results certified 10 days before the Democratic National Convention is scheduled to begin in
Milwaukee. We know that eight other states have a primary scheduled for June 2 and each of
those states will have time to get their delegates seated for the convention. Further, Louisiana
(June 20) and Kentucky (June 23) have set primary election dates in the weeks after June 2.
Though it may require a change in party rules, I am confident that the Ohio Democratic Party
can work with their counterparts in these other states to ensure that their delegates are seated.
Make no mistake - I am fully aware of, and completely respect - the separation of powers that
exists between the legislative and executive branches of government. I sat with many of you in
the Ohio Senate for the previous eight years and fought alongside you against the efforts of the
previous administration when it encroached on the legislature’s authority. However, our system
of government elects executive officers and empowers them to make decisions in a crisis, and
that is exactly what occurred on Monday. It was not feasible for the governor to call the
legislature into session for the purpose of setting a new election date – a power that only you
have – in the time necessary to protect people’s health and safety while simultaneously
protecting our democracy. I respect that only the legislature has the authority to change the
date of an election. That is why I did not change the date of the election - which would have
exceeded the powers granted to my office. March 17 was primary election day, but a public
health emergency necessitated that the polls not open on Tuesday, effectively extending the
March 17 election through June 2.
Therefore, I am coming to you now and seeking your approval of the Ohio Voters First Act to
conclude the March 17 primary election as quickly as possible. By authorizing me to produce
and mail a postage paid absentee ballot request form to every eligible Ohio voter who did not
cast a ballot during Ohio’s early voting period from February 18 through March 16 and to pay
the postage for the voter to return their ballot, and by giving me the discretion to hold inperson voting on June 2, 2020 if the Order by Dr. Amy Action is no longer in place by April 24
we can all be confident that Governor DeWine will sign the plan into law, and that the plan we
place into the Ohio Revised Code can withstand legal challenges.
Office of the Ohio Secretary of State

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 No date before June 2nd is logistically possible. We simply cannot put a postage-paid
absentee ballot request in the hands of each eligible voter and afford them reasonable
time to cast a ballot any earlier. A plan that does not afford every Ohioan an opportunity
to vote free of charge would be unconstitutional.
However, if the legislature moves with undue haste and enacts a plan that is not feasible, you
may be creating what may be the worst possible scenario. A plan that sets unattainable
timelines for mailing absentee requests to voters, or calls for inadequate procedures for
ensuring every voter has an opportunity to cast a ballot at no charge, would likely fail a legal
challenge. Such a decision would both create greater confusion for voters and almost certainly
ensure that your authority as legislators is usurped by a federal court who will order a new plan
that could extend our election well beyond June 2nd.
This plan does not come without its challenges. Historically, when the General Assembly
authorizes the Secretary to do so, it has taken as long as five months from the time the
Secretary of State’s office begins to mail the absentee ballot request form to all 7.7 million
registered voters in Ohio until election day. However, I recognize the necessity of moving much
more quickly in these extraordinary times. I have directed my team to achieve an incredibly
aggressive timeline that would bring the entire absentee ballot process to a close within two
and a half months. This includes gathering data from all 88 county boards of elections, verifying
that data, designing, printing, pre-sorting and mailing more than 7 million ballot request forms,
instructions and return envelopes. This plan also allows for a tight but reasonable amount of
time for voters to submit their requests, receive their ballots, and return their voted ballots to
their respective board of elections.
With all of this in mind, I need your support. The Ohio Voters First Act will be introduced next
week and has the backing of Governor DeWine. It provides the certainty Ohio voters need that
their democracy is sound in these difficult times. It’s my hope you will give it every possible
consideration as we move forward, together, for Ohio.
Yours in service,

Frank LaRose

cc: Governor Mike DeWine
Lieutenant Governor Jon Husted
Attorney General Dave Yost

Office of the Ohio Secretary of State

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