The U.S. Supreme Court has agreed to hear a case brought by Judicial Watch on behalf of Congressman Mike Bost and two presidential electors challenging Illinois’ law that allows mail-in ballots to be counted up to 14 days after Election Day. The lawsuit argues that the extended deadline violates federal law, which designates a single national Election Day for federal elections.
Filed in 2022, the case (Bost v. Illinois State Board of Elections) had previously been dismissed by lower courts, which ruled that Bost lacked standing to challenge the statute. Judicial Watch appealed the decision after a Seventh Circuit panel upheld the dismissal, despite acknowledging the burden placed on federal candidates by the extended counting period.
Federal statutes set Election Day as the first Tuesday after the first Monday in November of even-numbered years. Judicial Watch argues that Illinois’ 14-day mail-in ballot deadline directly contradicts that mandate. The lawsuit also points out that even ballots without postmarks can be counted if received within the 14-day window, so long as they are dated on or before Election Day.
In its petition to the high court, Judicial Watch argued that federal candidates have long had standing to challenge election laws affecting their races, noting, “It’s hard to imagine anyone who has a more particularized injury than the candidate has.”
Judicial Watch’s election integrity team is led by senior attorney Robert Popper, a former official in the Justice Department’s Civil Rights Division. The group is being assisted in the case by Illinois attorney Christine Svenson.
