In a step with huge significance, the Supreme Court is set to review an Illinois law that allows mail-in ballots postmarked by Election Day to be counted if they arrive up to 14 days thereafter.
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The legal challenge, initiated by GOP Representative Mike Bost, targets this policy amidst efforts to ensure electoral deadlines serve their intended purpose.
This decision could mark a significant turning point for mail-in voting regulations, striking at the heart of electoral integrity concerns.
The Supreme Court has agreed to hear the challenge against the Illinois mail-in ballot law, which allows ballots postmarked by Election Day to be counted if received within two weeks.
This policy has been criticized for undermining the electoral process as it encourages counting votes beyond the traditional election deadline.
The case, spearheaded by Republican Rep. Mike Bost, argues that such practices compromise the sanctity of timely vote counting.
With conflicting opinions from lower courts, the GOP’s main argument revolves around whether federal candidates are empowered under Article III of the Constitution to challenge state election laws.
Previously, two lower courts dismissed this case due to a supposed lack of legal standing.
However, this controversy has brought attention to the broader implications it may have on the ability of candidates to bring forth electoral challenges in federal court.
Judicial Watch represented Bost, emphasizing that recent judicial decisions have unfairly restricted candidates from contesting election regulations.
Bost and associated electors propose that allowing late ballots dilutes votes and breaches the First and Fourteenth Amendments.
It’s crucial that the Supreme Court’s decision provides clarity and potentially overturns the previous rulings which lacked sufficient judicial consideration.
“In the aftermath of the 2020 elections, however, for a variety of reasons, courts have limited candidates’ ability to challenge the electoral rules governing their campaigns. This case presents the latest — and an extreme — example of this trend,” said Judicial Watch, cited by The Washington Examiner.
Opposition to the appeal comes from Illinois election officials, who claim the case lacks significant legal importance.
They argue that Bost and the electors have not sufficiently demonstrated how their electoral outcomes were affected by the ballot receipt deadlines.
The Illinois State Board of Elections has labeled the case as lacking constitutional substance and sees no reason for Supreme Court intervention.
Furthermore, during the 2020 election cycle, many states relaxed mail-in voting requirements as an adaptive measure in response to the COVID-19 pandemic.
While 18 states still allow counting of ballots arriving post-Election Day, this latitude has been subject to numerous legal skirmishes, reflecting ongoing tensions in electoral integrity discussions.
Such laws are present in multiple jurisdictions including Washington D.C., Puerto Rico, and the U.S. Virgin Islands.
The Supreme Court’s impending decision could set a precedent for future electoral challenges.
A verdict is expected by June 2026, with both sides preparing for arguments in the upcoming October session.
This case underscores the broader discourse on the limits of state authority in regulating federal elections, a debate that continues to reverberate across the nation.
The Supreme Court has agreed to consider reviving a Republican challenge to an Illinois law that allows mail ballots to be counted if they are received up to two weeks after Election Day. https://t.co/6NCa1KZLJQ
— WGN TV News (@WGNNews) June 2, 2025
