An Ohio judge has denied a late push to delay the state’s primary on Tuesday amid coronavirus concerns.

Common Pleas Court Judge Richard Frye ruled that it would set a “terrible precedent” if he were to step in just 12 hours before the polls opened to rewrite the election code, The Columbus Dispatch reported.

“There are too many factors to balance in this uncharted territory to say that we ought to take it away from the legislature and elected statewide officials, and throw it to a common pleas court judge in Columbus,” Frye said.

The ruling can be appealed, although likely not in time to put off in-person voting tomorrow morning.

Ohio Gov. Mike DeWine and Secretary of State Frank LaRose, both Republicans, had announced earlier Monday that the state was supporting a lawsuit by voters seeking to move in-person voting to June 2.

Their announcement came as states across the country enacted measures to prevent large gatherings of people amid the coronavirus pandemic.

He said he didn’t want the elderly to have to choose between heeding warnings to stay home or going out to vote.

“We should not force them to make this choice, the choice between their health and their constitutional rights and their duties as American citizens,” DeWine said.

Polls in Ohio were scheduled to open at 6:30 a.m.