WASHINGTON, D.C. — The U.S. Supreme Court has announced it will take up a closely watched case regarding Illinois’ mail-in ballot law — a move that could reshape how federal election laws interact with state procedures across the country.
What’s At Stake
The high court will review whether Republican Congressman Michael Bost and two GOP presidential electors have legal standing to challenge an Illinois law that permits mail-in ballots to be counted if received up to 14 days after Election Day, so long as they’re postmarked on or before Election Day. The case is scheduled for the court’s next term, beginning in October 2025, with a decision expected by June 2026.
According to CBS News, this procedural question — known as “standing” — is central. If the justices agree that Bost and the electors have standing, the case will move forward, reopening a broader conversation on federal versus state control over election rules.
“It is vitally important for the Supreme Court to clarify whether candidates can challenge state election laws in federal court,” the plaintiffs argue in their Supreme Court filing.
The GOP’s Argument
Filed in 2022, the lawsuit claims that counting ballots received after Election Day dilutes the value of timely votes, violating the First and 14th Amendments. The plaintiffs also argue the law is preempted by federal statutes that establish a single Election Day for national contests.
“Aside from the interests of the litigants, it is important that the public conclude that elections are run in an orderly, not arbitrary, fashion,” the GOP filing reads.
The lawsuit was initially dismissed by a federal court in 2023 for lack of standing — a decision later upheld by a divided panel of the 7th U.S. Circuit Court of Appeals. The courts ruled that the plaintiffs failed to show tangible injury caused by Illinois’ ballot-receipt deadline.
Illinois’ Response
Illinois election officials maintain that the plaintiffs are overreaching. In their filing, they say the challenge is based on disagreement with the state’s mail-in ballot policy — not on actual harm.
“They do not claim that Illinois’s ballot receipt deadline affected their likelihood of prevailing in any race,” Illinois officials wrote. “Rather, petitioners contend they are entitled to challenge the deadline simply by virtue of their status as candidates.”
Illinois is among 17 states that accept mail ballots after Election Day, provided they’re postmarked on time. The policy aims to ensure voters aren’t disenfranchised due to postal delays.
A Broader Political Context
This case enters the spotlight amid broader national scrutiny of election integrity, mail voting, and voting access following the 2020 and 2022 elections. While many Democrats have championed expanded mail-in options, Republicans have voiced concerns about voter fraud and fairness — though no evidence has substantiated widespread fraud involving late-arriving ballots.
The Supreme Court’s ruling could impact not just Illinois, but also other states with similar provisions.
Should mail-in ballots received after Election Day be counted if they’re postmarked on time? Drop your thoughts in the comments — ChicagoSuburbanFamily.com wants to hear from you.
