COLUMBUS, Ohio - Although Ohio's Primary Election isn't happening on March 17 as scheduled, the legal battle continues over the state's authority to postpone the election until June 2, 2020.

At the behest of Ohio Governor Mike DeWine, a civil lawsuit was filed in Franklin County Common Pleas Court on Monday on behalf of two elderly voters citing possible exposure to the coronavirus and a shortage of poll workers as reasons to delay Tuesday's in-person voting.

Ruling from the bench following a late Monday hearing, Judge Richard Frye refused to issue a temporary restraining order that would have halted voting the following day.

However, the administration found another way to keep the election from happening on Tuesday.  Ohio Health Director Amy Acton issued an order closing polling locations around Ohio.

Acton said she had the authority to take action under an Ohio law giving her the power to issue special orders to prevent the spread of contagious or infectious diseases

The administration hasn't given up yet on efforts to prove it has the authority to delay the primary under current circumstances.

The plaintiffs who were denied a temporary restraining order request in Franklin County Common Pleas Court have filed a notice that they are taking the issue to Ohio's Tenth District Court of Appeals.

Meanwhile, a primary election candidate for Judge in Wood County, Ohio, filed a complaint with the Ohio Supreme Court challenging the Secretary of State's postponement of the election.

Corey J. Speweik argues that state election officials had repeatedly claimed that voters would be safe from exposure to coronavirus and that only the state legislature, not the courts, have the authority to change the date of the election.

Early Tuesday, three  Supreme Court Justices denied Speweik's request without comment.