DeWine recommended pushing the primaries into June[83] but did not think he had the authority to change the date.[84] DeWine and LaRose sought a court order to close down the elections, having former Ohio Department of Aging Director Judith Brachman file a suit in the Franklin County Court of Common Pleas to delay the election, but Judge Richard A. Frye denied it, saying it would set a "terrible precedent" and would represent a judge rewriting election code hours before an election.[84]