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Supreme Court to review challenge to Illinois’ 14-day mail ballot deadline

It turns on whether congressional candidates have Article III standing to challenge state regulations extending mail-in ballot deadlines.

FILE - Supreme Court is seen on Capitol Hill in Washington, April 25, 2024. (AP Photo/J. Scott Applewhite, File)
The facade of the Supreme Court building in Washington.
In this October 2019 file photo, Rep. Mike Bost, an Illinois Republican, walks up the steps to the US Capitol.
U.S. Rep. Mike Bost speaks during a hearing of the House Agriculture Committee about the impact of economic policies on farm country on Feb. 11, 2025, on Capitol Hill in Washington. Bost is challenging Illinois' post-Electiion Day ballot-counting law in court.   (Brian Cassella/Chicago Tribune)

Overview

  • The Court granted review on June 2 in Bost v. Illinois State Board of Elections, targeting a law that counts ballots received up to 14 days after Election Day.
  • Rep. Mike Bost and two Republican presidential electors argue the deadline dilutes their votes and violates their First and 14th Amendment rights.
  • A federal district court and the 7th Circuit dismissed the suit in 2023 and 2024 for lack of standing, finding no concrete injury to the plaintiffs.
  • Illinois requires ballots to be postmarked by Election Day and allows a two-week receipt window, a policy used by at least 17 other states.
  • Oral arguments are expected in the Court’s October 2025 term, with a decision due by June 2026 that could set precedent on candidate standing in election law disputes.