Last week, the U.S. Supreme Court revived a challenge by Rep. Michael Bost (R-Ill.) to an Illinois absentee ballot law, ruling 7–2 that he has legal standing to sue. The law allows mail-in ballots postmarked by Election Day to be counted for up to two weeks afterward. Bost argued the rule conflicts with federal law setting a uniform Election Day, even though he did not claim voter fraud.
Lower courts had dismissed the case, saying Bost lacked standing. The Supreme Court disagreed, finding that candidates have a direct interest in how votes are counted. Chief Justice John Roberts wrote, “Candidates have a concrete and particularized interest in the rules that govern the counting of votes in their elections,” adding that this interest goes beyond winning or losing.
The ruling marks a shift in election law by allowing candidates to challenge voting procedures without showing personal harm. Supporters say this protects election integrity, while critics warn it could expand election-related lawsuits and increase political pressure on courts.
Two liberal justices dissented, cautioning that the decision could lead to widespread litigation over mail-in voting, ballot deadlines, and other procedures. Illinois officials had warned that such lawsuits could burden election administrators and delay results.
Legal experts say the decision may intensify conflicts between federal election law and state voting rules. Steve Vladeck noted, “that could dramatically expand the horizon of legal challenges that can be brought.” While some see stronger oversight, others fear more uncertainty and partisan disputes in future federal elections.