A significant election law dispute is heading to the Supreme Court, as the high court announced Monday it will hear a challenge brought by Republican Illinois Rep. Mike Bost against state rules allowing mail-in ballots to be counted up to two weeks after Election Day.
Illinois law currently permits mail-in ballots to be tallied as long as they are postmarked on or before Election Day, even if they arrive up to 14 days later. This practice is now at the heart of a legal battle that could have broader implications for election procedures nationwide.
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Rep. Bost, a long-serving member of the U.S. House of Representatives, is arguing that this state regulation is contrary to federal law. His legal filings contend that there is a “live circuit split” among federal courts regarding whether the potential for an inaccurate reflection of legally valid votes constitutes sufficient “injury” to grant federal candidates standing to challenge electoral regulations.
The Seventh Circuit Court of Appeals had previously ruled against Bost and two Republican presidential elector nominees in August 2024, determining they lacked standing to challenge the ballot counting rule in court. The Supreme Court’s decision to take up the case indicates a recognition of the importance of the legal questions raised and the existing disagreement among lower courts.
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“A sitting member of the U.S. House of Representatives seeks to challenge a state electoral regulation affecting his reelection,” Bost’s filings state, emphasizing his direct interest in the matter. “He has successfully run for federal office in Illinois for three decades. He alleges that the regulation allows the receipt of ballots in a manner contrary to federal law.”
This case will place a spotlight on the interplay between state election laws and federal statutes, and the Supreme Court’s eventual ruling could shape how states manage the receipt and counting of mail-in ballots in future elections. The outcome will be closely watched by election officials, political candidates, and voters across the country.
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