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Supreme Court Hears Arguments in Bost v. Illinois on Pre‑Election Standing

The ruling could set a uniform test for who may bring federal challenges to state ballot‑receipt rules before elections.

Overview

  • The justices hear oral argument Oct. 8 in a case targeting Illinois’ policy that counts mail ballots received up to 14 days after Election Day.
  • Rep. Michael Bost and two presidential electors filed the suit, arguing federal law fixes a single Election Day and alleging harms to electoral prospects and campaign finances.
  • A federal judge and a split Seventh Circuit panel dismissed the case for lack of standing, contrasting with a Fifth Circuit decision striking down a similar Mississippi rule.
  • The U.S. solicitor general backs candidate standing only when disputed ballots could affect an election’s outcome, while Illinois calls the claimed injuries speculative and warns of floodgate lawsuits.
  • Analysts say the decision could determine whether election‑law disputes are litigated before vote counting begins and influence how courts treat ballots cast under existing state rules.