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Supreme Court Clears Candidates to Challenge Vote‑Counting Rules

The 7–2 ruling revives Rep. Mike Bost’s challenge to Illinois’ post‑Election Day mail ballot count, leaving the merits to a pending case that could set nationwide rules.

Overview

  • The Court held that candidates have a concrete interest that gives them standing to sue over rules governing how votes are counted in their own elections.
  • The decision sends Bost’s suit back to lower courts without deciding whether Illinois’ policy of counting ballots received up to 14 days after Election Day violates federal law.
  • Chief Justice John Roberts wrote the majority opinion emphasizing a candidate’s stake in election integrity, while Justice Ketanji Brown Jackson dissented with Justice Sonia Sotomayor, warning of increased election litigation.
  • Justice Amy Coney Barrett concurred in the judgment, joined by Justice Elena Kagan, arguing the case could rest on traditional pocketbook injuries rather than a categorical rule for candidates.
  • A separate Supreme Court case, Watson v. Republican National Committee, will test whether federal law preempts post‑Election Day counting practices, a ruling that could affect numerous states.