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Supreme Court Lets Candidates Challenge Vote-Counting Rules, Revives Illinois Mail-Ballot Suit

The decision returns Rep. Michael Bost’s case to lower courts, signaling wider leeway for candidates to contest vote-counting rules.

Overview

  • In a 7–2 opinion by Chief Justice John Roberts, the Court held that candidates have a concrete, particularized interest to sue over how votes are counted in their own elections.
  • The ruling reinstates Rep. Michael Bost’s 2022 challenge to Illinois’ policy counting mail ballots received up to 14 days after Election Day if postmarked by Election Day.
  • Roberts rejected Illinois’ position that only candidates facing a substantial risk of losing may sue, calling that standard a "potential disaster."
  • Justice Ketanji Brown Jackson, joined by Justice Sonia Sotomayor, dissented and warned the decision could destabilize election administration by encouraging more lawsuits.
  • Legal analysts say the precedent could expand post‑election litigation and inject uncertainty in the days and weeks after future elections.