Overview

• Oral argument is set for October 8 in Bost v. Illinois State Board of Elections, which targets Illinois’ policy counting mail ballots received up to 14 days after Election Day, with Paul Clement representing Rep. Mike Bost and two presidential electors.
• A federal district court dismissed the case for lack of Article III standing and a divided Seventh Circuit affirmed, prompting Supreme Court review.
• Bost asserts candidate‑centered standing, argues a substantial risk that the rule harms electoral prospects and margins, and claims a pocketbook injury from extended campaign operations during the post‑Election Day counting period.
• The United States, participating as amicus curiae, supports recognizing candidate standing only when a challenged rule poses a risk of affecting an election’s outcome.
• The dispute follows a contrary Fifth Circuit ruling striking down Mississippi’s post‑Election Day receipt law, and analysts warn that denying pre‑enforcement suits could push courts toward after‑the‑fact rulings that risk disqualifying ballots cast under existing state rules.