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SCOTUS cites federal law to rule that states can count mail-in ballots received after election day (Updated x3)

Monday, Jun 29, 2026 - Posted by Isabel Miller

* Capitol News Illinois in January

[US Rep. Mike Bost] and a pair of 2020 Illinois primary delegates for President Donald Trump sued the Illinois State Board of Elections in 2022, arguing that the state’s law allowing late-arriving mail-in ballots to be counted up to 14 days after the polls close violates the federal law establishing an “Election Day.” The ballots must be postmarked by Election Day.

The court’s ruling on Wednesday did not weigh in on the merits of Bost’s argument. Rather, it allowed his legal challenge to proceed at the lower level of the federal court system.

* Today, the Supreme Court upheld Mississippi’s law allowing mail-in ballots received after Election Day to be counted if postmarked by then. CNBC

The Supreme Court on Monday ruled that Mississippi can continue to count some absentee ballots received after Election Day, rejecting a Republican challenge contending that those votes are invalid under federal law.

The 5-4 opinion, which was written by one of President Donald Trump’s appointees and joined by the court’s three liberals, delivers a blow to ongoing efforts by Trump and the GOP to curtail mail-in voting ahead of the midterms. […]

“The federal election-day statutes do not prevent Mississippi from counting absentee ballots postmarked by election day but received up to five days thereafter,” the court held. “Nothing in the federal election-day statutes requires ballots to be received by election day.”

* From the opinion

The Constitution requires the “Day on which [the electors] shall give their Votes” to be “the same throughout the United States.” But it says nothing about the day for receipt, and, of course, 18th-century modes of transmission did not offer same-day delivery. The Constitution therefore envisions a system in which receipt is necessarily divorced from voting, and it sets the crucial, uniform day as the day of voting, leaving receipt to happen down the line.

The federal election-day statutes follow the same pattern: They set when the people “shall give their Votes,” but leave open when those votes must be received. In sum, the election-day statutes require the electorate’s choice to be made on election day. That occurs so long as election day is the deadline for individuals to vote—as it is in Mississippi. But the election-day statutes do not set a deadline for ballot receipt, so they do not prevent Mississippi from counting ballots postmarked before election day yet received afterward.

…Adding… Gov. Pritzker…

“Donald Trump is using every weapon in his arsenal to attack our free and fair elections. The Supreme Court ruled against him today on an asinine attempt to throw out a law that ensures mail ballots get counted, but his assault is not over. We cannot look away while the most corrupt president in history attempts to rewrite our election laws to serve his own interests.”

…Adding… AG Raoul…

“In Illinois, we are focused on maximizing voter participation – not voter suppression. That is why we permit all eligible Illinois voters to cast mail-in ballots, and to cast ballots through Election Day. Today, the Supreme Court confirmed that laws like Illinois’ are fully consistent with federal law, and that Illinois voters can continue to cast their ballots through Election Day this fall and going forward.

“The right to vote is at the very core of our nation’s democracy, and today’s decision is a win that protects access to the ballot box for millions of Americans. It confirms that all votes cast on time should be counted. While today is a win for democracy, make no mistake: The fight to protect our democracy is not over. I am firmly committed to fighting any effort to undermine our free and fair elections.”

…Adding… DPI…

“This ruling is a win for voting rights. It’s also a loss for Republicans who want to suppress fairly counted votes and rig our elections in their favor because they’re terrified of losing in November. Mail-in voting is not only safe, legal and accessible—it’s essential for working families, seniors, and countless Illinoisans who rely on it to exercise their constitutional right. While Republicans like Mike Bost keep attacking voting rights, Illinois Democrats will never stop fighting to protect vote by mail, defend the freedom to vote, and make sure every eligible ballot is counted.”

  38 Comments      


The object is to win (Updated)

Monday, Jun 29, 2026 - Posted by Rich Miller

* ABC7

An Independent candidate running to replace retiring Congressman Jesus “Chuy” Garcia is criticizing his office for what she calls active involvement in efforts to remove her from the ballot.

Mayra Macias won a temporary reprieve Friday when a State Board of Elections hearing officer delayed a decision on a petition challenge filed against her.

Petition challenges are common in Illinois politics. But in the race to succeed U.S. Rep. Garcia, two Independent candidates say the tactics being used this cycle have crossed a line.

“Patty Garcia’s campaign used dirty machine tactics against the two Latino candidates to kick us off the ballot,” Macias said.

The challenge to Macias’ petitions was filed by allies of Patty Garcia, the congressman’s chief of staff, who is not related to him. The congressman used a back-door maneuver that ensured she was the only Democrat to appear on the primary ballot.

* I interviewed Macías in December…

Miller: Independent candidates. I mean, this is a straight uphill climb, right? People I’ve talked to say you will definitely be able to raise some money, significant money, even, at least enough to hire the people that you’ll need to collect, what is it, almost 11,000 valid signatures? But I mean… and I hate to ask a process question, but if you’re going to run as an independent or third party, it’s an important question. How the heck do you even see in a… midterm election, in a very partisan environment, where do you see the path for an independent candidate in a district like that, which is overwhelmingly Democratic?

Macías: Very valid question. You won’t be surprised to hear that you’re not the first person to ask me that. But the bottom line is, I’m a Democrat. Yes, I’m running as an independent, but I would have run as a Democrat had the process been open and fair. And why I am launching now is because, as you pointed out, we need the resources to hire the team and build the infrastructure to not only get the petitions to get on the ballot, but to get my message out. And I actually see the petition collection process as an incredible opportunity for me to engage with voters all over the district, hear what concerns are top of mind to them. But also have them get to know me in the process of getting their signature. And ultimately, it’s gonna take a lot of resources to get my message out there, because I won’t have a D next to my name. But what I do have is a passion and belief in the in the policies that I’m advocating for and this feeling that people are tired of the status quo. They’re tired of politics as usual. And I’ve gotten a lot of energized engagement, folks that don’t know me that DM’d me after the news came out, you know, week and a half ago, wanting [help me]. I’ve never met these people. They’re complete strangers. They DM me on Instagram. There is an energy out there right now, and I’m excited to be able to give folks a choice and be a vessel for them, funnel their energy and their excitement and their readiness for something new. You know, we have three other robust primaries happening in the state, and we’re seeing a shift in generational leadership, and I am excited to be part of that shift, and ready to do the hard work raising the resources to get my message out there, because ultimately, I know my message is going to resonate with voters.

Maybe not.

* From Byron Sigcho Lopez’s campaign…

With two Independent candidates threatening to give voters a choice in Illinois’ 4th Congressional District, allies of JB Pritzker, Chuy García and Patty Garcia are splurging money and power to muscle the ballot away from voters.

Democratic machine-backed attorney Ed Mullen is leading the effort to knock two Independent candidates off the ballot in one of the most Latino congressional districts in the country – all while Patty Garcia remains in hiding and unresponsive to reporters’ questions and voters’ calls for her to drop her challenge. Patty was caught on camera talking to Sigcho Lopez in March agreeing that voters deserve a choice on the ballot and saying, “we have an opportunity to make that happen.”

The appearance of a political maneuver at the Illinois State Board of Elections: The hearing officer assigned to the challenge against Democratic Socialist Byron Sigcho Lopez’s petitions met with the campaign’s attorney yesterday and laid out the logistics in anticipation of an assigned hearing at 12 p.m. on Thursday, July 2, 2026. Then shortly after yesterday’s meeting, and without any prior indication, an Order was abruptly handed down from the BOE saying hearing officer Chris Agrella “resigned” and has been replaced with hearing officer Barbara Goodman (see BOE order linked here). The board of the Illinois State Board of Elections is appointed by Governor JB Pritzker.

Splurging on a $600/hour handwriting expert: Separately, the objectors working on behalf of García, Garcia and Pritzker have hired Kevin Kulbacki, a $600/hour handwriting expert previously hired by the DNC in 2024, to comb through Mayra Macías’ affidavits. Fees are expected to total upwards of $50,000-$100,000. (handwriting expert’s report linked here)

All of this is in addition to a deliberately cumbersome and costly petition records exam for Sigcho Lopez’s campaign in Springfield at 13 exam stations from 9 a.m. until 8:30 p.m. Thursday, June 11 and Friday, June 12 – meaning voter-funded transportation and lodging expenses for 13 volunteers and taxpayer-funded overtime pay for Illinois State Board of Elections staff. It was also an unusual records exam that included an armed security officer identified as Springfield police and the rule that campaign volunteers were not allowed to use the bathrooms at the Board of Elections and were told to use the gas station across the way.

During that exam, the two people representing the group objecting to Sigcho Lopez’s petition signatures were Patricia Pace Halpin, who said she was sent by Aaron Ladzinski from the Governor’s team, and Bill Velazquez, a registered Illinois lobbyist and disgraced Chuy ally. Sign-in log linked here.

* I asked the Illinois State Board of Elections about the restroom allegations…

It is standard practice for the State Board of Elections to open as many stations as possible for record exams and to add evening shifts in an effort to conduct reviews as efficiently as possible. The agency’s main office in Springfield has sufficient space and staff — 61 employees compared to 13 in the Chicago office — to accommodate these reviews, which often require staff examinations of thousands of petition signatures that are subject to challenge.

It also is standard practice in the Springfield office to have police presence for security when members of the public are in in the building at events such as candidate filing, board meetings and record exams.

The statement that observers at record exams this month were not allowed to use agency restrooms is incorrect. Before this month’s exams, members of the public were prohibited from using the agency’s restrooms during large-scale public events such as candidate filing and record examinations to prevent unauthorized personnel from entering the office area of the building due to security concerns. However, in February security doors accessible only by employee key card were installed between the boardroom area and the agency’s office space, thus allowing public access to the restrooms while preventing unauthorized public entry to the rest of the building.

The longstanding standard disclaimer containing the restroom prohibition was read at the outset of the Sigcho Lopez review but was corrected within minutes of the announcement.

These same policies and procedures were in place for the record exam in the objection to the candidacy of independent gubernatorial candidate Collin Corbett June 15-17 in the Springfield office.

…Adding… From Byron Sigcho Lopez’s campaign…

The Illinois State Board of Elections says our statement about bathrooms is “incorrect” at the top but then they admit below that yes, in fact, they did tell Sigcho Lopez campaign volunteers they were prohibited from using bathroom.

That admission explains why 64-year-old volunteer (Irma) was denied use of the agency restroom. Another volunteer went with her to cross the street and find the restroom at a Hy-Vee gas station.

A 68-year-old volunteer (Leila) heard the group wasn’t allowed to use the restroom but then watched the policy change when a white male in attendance (Gill) asked to use the restroom.

Gill even clarified, “I can verify this is exactly what happened. I didn’t even actually ask to use their restroom - I asked where I needed to go to use one. I know I as not the first one to ask, as it was well into the first shift and I had seen multiple folks leave to go across the street.”

  24 Comments      


« NEWER POSTS PREVIOUS POSTS »
* Isabel’s afternoon roundup
* CTU-friendly school board candidates, others catch a big break
* Bailey campaign embraces AI slop
* Supreme Court to hear challenge to Cook County assault weapons ban
* Illinois backs off Kalshi tax for now, as Michigan moves forward
* ACLU: Supreme Court's transgender ruling doesn't apply to Illinois (Updated)
* Supreme Court upholds birthright citizenship
* Supreme Court lifts coordinated spending limits on national political parties
* Isabel’s morning briefing
* Good morning!
* Selected press releases (Live updates)
* Yesterday's stories

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