Supreme Court Says GOP Rep. Can Challenge Illinois’ Late‑Arriving Mail‑Ballot Law, Remands Case as Broader Review Looms
In a 7-2 ruling, the Supreme Court held Rep. Mike Bost has standing to challenge Illinois’ post‑Election Day mail‑ballot counting, remanding the case without deciding the law’s constitutionality.
Overview
Who: Rep. Mike Bost, backed by GOP groups including Judicial Watch and national committees, sued to block Illinois’ law allowing mail ballots postmarked by Election Day to be counted up to 14 days later.
What: In a 7-2 opinion by Chief Justice John Roberts, the Court ruled candidates have a particularized interest giving Article III standing to pre‑emptively challenge election‑counting rules.
Where/When: The decision, issued Wednesday by the U.S. Supreme Court, reverses lower courts in the Chicago federal system and sends the matter back to trial courts.
How: The Court declined to rule on the law’s constitutionality, instead remanding the case; a separate upcoming Supreme Court decision on Mississippi’s five‑day rule could affect many states.
Why/Impact: Supporters hail the ruling as an election‑integrity win; critics warn it may spur increased pre‑election litigation and disruptive suits challenging ballot‑counting procedures.
Analysis
Center-leaning sources frame the ruling as a procedural shift that risks encouraging pre-election litigation and destabilizing vote-counting norms, emphasizing caution. They foreground warnings (Justice Jackson's dissent, the Brennan Center's “floodgates” comment and state officials’ “chaos” warning) while also quoting the majority’s rationale and supportive legal scholars.
Sources (14)
FAQ
The law allows mail-in ballots postmarked by Election Day to be counted if received up to 14 days later.
In a 7-2 ruling, the Court held that Rep. Mike Bost has Article III standing to challenge the law as a candidate, remanding the case without ruling on its constitutionality.
Chief Justice John Roberts wrote the majority opinion, joined by Justices Alito, Thomas, Kavanaugh, and Gorsuch. Justices Sotomayor and Jackson dissented; Justice Barrett concurred in the judgment with Justice Kagan.
Candidates have a concrete and particularized interest in the rules governing vote counting in their elections, extending to election integrity.
Yes, the Court will hear cases challenging Mississippi's law allowing mail ballots postmarked by Election Day to be counted within five business days after.
History
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