Supreme Court allows Illinois congressman to challenge late mail‑ballot rules

The Supreme Court on Wednesday sided with a conservative Illinois congressman who sued over state rules that allow mail‑in ballots to be counted up to 14 days after an election. The case did not address the legality of the mail‑in ballot rule itself but whether a political candidate has the right to challenge rules governing the vote count in his election.

A majority of the court found that question in the congressman’s favor, saying the Constitution requires a legal challenger to have a "personal stake" in a case. Chief Justice John G. Roberts Jr. wrote that Representative Mike Bost had such a stake, noting Bost argued his campaign would incur extra costs to monitor the counting of late‑arriving ballots.

The court’s other conservatives joined Roberts; Justice Amy Coney Barrett, joined by Justice Elena Kagan, wrote separately that Bost had standing because he suffered a financial injury. Justices Ketanji Brown Jackson and Sonia Sotomayor dissented. Roberts compared congressional elections to a 100‑meter dash, warning an "unlawful extension of vote counting" would deprive candidates "of the opportunity to compete for election." The decision is one of several suits brought by allies of President Trump challenging mail‑in ballot rules after 2020, and election law experts had warned a ruling for the congressman could clear the way for many similar challenges nationwide.

The justices have said they will hear a larger Mississippi case later this term, Watson v.

Key Topics

Politics, Mike Bost, Supreme Court, Mail-in Ballots, Illinois, Mississippi