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* CBS News…
The Supreme Court said Monday that it will consider whether to revive a Republican congressman’s challenge to an Illinois law that allows mail-in ballots to be received and counted up to 14 days after Election Day.
The dispute involving GOP Rep. Michael Bost will be heard by the Supreme Court in its next term, which begins in October, with a decision expected by the end of June 2026. The question in the case is a procedural one: Whether Bost and two Republican presidential electors have the legal right to challenge state regulations concerning the time, place and manner of federal elections.
* From the US Supreme Court on Bost v. Illinois State Board of Elections…
Federal law sets the first Tuesday after the first Monday in November as the federal Election Day. Several states, including Illinois, have enacted state laws that allow ballots to be received and counted after Election Day. Petitioners contend these state laws are preempted under the Elections and Electors Clauses. Petitioners sued to enjoin Illinois’ law allowing ballots to be received up to fourteen days after Election Day.
The sole question presented here is whether Petitioners, as federal candidates, have pleaded sufficient factual allegations to show Article III standing to challenge state time, place, and manner regulations concerning their federal elections.
* A conflict exists on standing between two circuits. From Election Law Blog…
The Seventh Circuit found no standing. It’s in contrast to the Fifth Circuit, which had found standing on a related issue. Of course, the underlying issue of receiving absentee ballots is a merits question that the Court will assiduously avoid, but one that could tee up the dispute later.
* Tribune…
In the Illinois case, both the U.S. District Court and the 7th U.S. Circuit Court of Appeals in Chicago ruled Bost and two presidential electors lacked legal standing when they challenged the law in May 2022. The courts did not decide on the merits of the case regarding the legality of post-Election Day ballot counting.
But in dismissing the lawsuit in July 2023, U.S. District Judge John Kness also wrote that he thought Illinois’ 2015 law complied with the U.S. Constitution as well as federal election law and does “not conflict with the federal mandate that Election Day be held on the Tuesday after the first Monday in November.”
“By counting only mail-in ballots postmarked on or before Election Day, the statute does not extend the day for casting votes in a federal election,” Kness, a Trump appointee, wrote.
In a 2-1 decision in August of last year, a three-judge panel of the 7th Circuit Court of Appeals sided with the lower court’s dismissal due to lack of standing.
* From the district court judge’s ruling…
As explained more fully below, because Plaintiffs fail to plead sufficiently concrete, particularized, and imminent injuries sufficient to meet the requirement of standing under Article III of the United States Constitution, the Court lacks the power to hear this case. And even if standing existed, the Eleventh Amendment serves as an independent bar to this suit. In any event, Plaintiffs have not plausibly alleged that the Ballot Receipt Deadline Statute conflicts with federal law. As a result, and on the motion of Defendants, the case is dismissed without prejudice.
posted by Rich Miller
Tuesday, Jun 3, 25 @ 10:14 am
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How exciting to see BossToss win somethin’ Not sure how far he gets once the court sez he has standing. By the time lower courts hear the case Trump or his suc(k)cessors will have learned that the lower vote count can work for GOPies too.
Comment by Annon'in Tuesday, Jun 3, 25 @ 10:28 am
It will get interesting. Likely they do have standing, which will just kick it back to the initial court to start all over.
The bigger issue on what the cut-off date actually is while also get interesting. In 2 other state cases that made it to SCOTUS, for Federal elections the court came down with the ballots must be received by and counted on Election day.
Comment by RNUG Tuesday, Jun 3, 25 @ 10:31 am
Let’s assume standing.
On the merits, is this an argument that the postal service must deliver mail in a timely manner, to be determined by the candidates for office? That would an absurd argument, unless the candidates could suggest how the U.S. Postal Service could become more efficient. Alternatively, allowing internet voting might work. /s
Comment by H-W Tuesday, Jun 3, 25 @ 10:43 am
The ongoing assault on voting rights is shameful. Governments should make it easy to vote, not difficult.
Comment by Friendly Bob Adams Tuesday, Jun 3, 25 @ 10:44 am
And the votes should all be counted on Election Day
Our neighbor north of the border as well as the rest of the world does not have to wait weeks to determine elections
Comment by Paul Powell Tuesday, Jun 3, 25 @ 11:16 am
A Judicial Watch press release stated that Christine Svenson, who was one of Bruce Rauner’s lawyers in the 2014, is acting as local counsel in Bost’s lawsuit. 2014 featured an ugly GOP primary election. Svenson is a Palatine Township Trustee and an ally of Aaron Del Mar.
Comment by Look Out Tuesday, Jun 3, 25 @ 11:21 am
@ Paul Powell
So recounts are out, right?
Why exactly do all votes have to be counted on election day? Is there a reason why you would insert this requirement that does not currently exist in constitutional law?
Comment by H-W Tuesday, Jun 3, 25 @ 11:24 am
Bost is not challenging recounts ?
He is challenging that votes should be received and counted on Election Day.
Early voting starts 40 days ahead of Election Day.
Do you think votes arriving weeks after Election Day increases faith in the integrity of elections?
Comment by Paul Powell Tuesday, Jun 3, 25 @ 11:42 am
There are rules that govern especially military ballots, so I’d be interested if those against counting “after” Election Day are also in favor of treating military ballots the same way. Or if they believe there should be a carve-out. And just so we are clear: other countries allow this as well. And sometimes there ARE delays in getting numbers because of it. Perhaps things WOULD be able to move faster if we weren’t voting on 400 things at the ballot box. Remember, Canada’s election generally had ONE thing on the ballot. Same is largely true for Britain and Romania. It takes TIME to count, and it takes time for things to get delivered in the mail. Why is this a bad thing?
Comment by IllinoisCitizen Tuesday, Jun 3, 25 @ 11:46 am
===Do you think votes arriving weeks after Election Day increases faith in the integrity of elections?===
Do you think soldiers serving overseas deserve to have their votes counted?
Comment by 47th Ward Tuesday, Jun 3, 25 @ 11:47 am
@ Paul Powell
=== Do you think votes arriving weeks after Election Day increases faith in the integrity of elections? ===
Absolutely. Absolutely. It tells me that all citizens are allowed to vote in Illinois, and know that their votes will be counted.
That is is the essence of faith in Democracy - all votes will be counted.
Absolutely.
Comment by H-W Tuesday, Jun 3, 25 @ 11:54 am
===Why exactly do all votes have to be counted on election day? Is there a reason why you would insert this requirement that does not currently exist in constitutional law? ===
He’s trying to retroactively de-elect Abraham Lincoln.
Comment by Suburban Mom Tuesday, Jun 3, 25 @ 12:04 pm
==votes arriving weeks after election day==
Ballots must be received within days of election day and be postmarked before polls close. The number of ballots received plummets the further we get from election day. As others have noted, any delays in delivering ballots are due to the post office and the armed forces.
Yes, knowing voters are respected bolsters faith in democracy.
Comment by Socially DIstant Watcher Tuesday, Jun 3, 25 @ 12:08 pm
===Early voting starts 40 days ahead of Election Day.===
Okay, and early tax filing starts, what, 105 days before the April 15 deadline? And the law is clear that your return must be POSTMARKED by the April 15 deadline, not received at an IRS office and/or processed by then.
It is extremely well-settled law in the US — that law students spend weeks on — that the date something is postmarked is the date of execution for the purposes of things like contracts or tax filing. It is a whole body of law literally called “postmark law.”
Why do you think ballots should be held to a special, separate standard called “guessing how long I have to mail this official government document to be sure it gets there in time or have my fundamental rights abridged”?
Is it because you don’t think soldiers overseas should be allowed to vote? Or rural voters with limited mobility? Like, who’s your target here?
Comment by Suburban Mom Tuesday, Jun 3, 25 @ 12:11 pm
The IRS argument is the best one, in my opinion.
Comment by Rich Miller Tuesday, Jun 3, 25 @ 12:23 pm
=== Like, who’s your target here? ===
I think we know who his target is… Democrats.
Comment by Remember the Alamo II Tuesday, Jun 3, 25 @ 12:40 pm
==And the votes should all be counted on Election Day==
What difference does it make whether all of the votes are counted by election day? This notion that votes counted after election day are somehow suspect is just bogus. Republicans have one goal and one goal only and that is to make sure not everyone’s votes get counted. They’ve proved that time and time again around this country with their challenges of votes. It’s unbelievable to me. You and people like you are creating a credibility issue where none exists. Stop it.
Comment by Demoralized Tuesday, Jun 3, 25 @ 1:42 pm
Now, if the Cook County Treasurer would begin to respect the “postmark rule,” which is incorporated into the Illinois statutes, and stop assessing interest on timely payments…
Comment by Apples and Oranges Tuesday, Jun 3, 25 @ 1:47 pm
@H-W
They just make whatever bad-faith complaints sound good to them. Don’t try to make it make sense.
Comment by Irreverent Tuesday, Jun 3, 25 @ 2:09 pm
Cook County property taxes must be received on the due date or will be charged a 1.5% penalty
There is no accommodation for postmarks on the due date
Comment by Paul Powell Tuesday, Jun 3, 25 @ 2:34 pm
===Cook County property taxes===
lol
You’re gonna base this entire nation’s voting rules on… Cook County’s property tax system?
Comment by Rich Miller Tuesday, Jun 3, 25 @ 2:44 pm
Why stop the counting of postmarked ballots after 14 days?
Now I’m going to have to feel so badly for the disenfranchised voters whose ballots arrive after that magic 14day cutoff. lol
Maybe voting the 40 days before Election Day makes more sense than giving the Post Office such power. lol
h/t humor “ad nauseum ad infinitum“
Comment by 40,000 ft Tuesday, Jun 3, 25 @ 3:42 pm
I understand the legality of the post mark date, but what happens if the mail in ballot does not have a post mark? I still receive quite a bit of mail and hardly none has a post mark anymore. Even if the Post Officer is “required” to post mark ballots, do we trust them?
Comment by maybe Tuesday, Jun 3, 25 @ 4:18 pm
==do we trust them?==
Are you aware of any issues with votes? If not you’re just feeding into the conspiracy theories.
Comment by Demoralized Tuesday, Jun 3, 25 @ 4:21 pm
===hardly none has a post mark anymore===
Those are bulk mailers. Completely different category.
Sheesh, people. Use your common sense.
Comment by Rich Miller Tuesday, Jun 3, 25 @ 4:29 pm
==Those are bulk mailers. Completely different category== My county mailed me a form to change my property tax mailing address this week, it does not have a post mark, nor did any of my anniversary cards I received a few weeks ago from family and freinds.
Comment by maybe Tuesday, Jun 3, 25 @ 4:36 pm
Just pointing out the hypocrisy of Cook County Democrats where money is involved. Are taxpayers disenfranchised?
Roughly 2/3 of the states don’t allow votes to be counted after Election Day.
California is a biggest outlier allowing a full 30 days to count ballots after Election Day
What could possibly take 30 days?
Defined Federal standards are long overdue here
Comment by Paul Powell Tuesday, Jun 3, 25 @ 5:25 pm
==What could possibly take 30 days?==
Again, why does it matter? You have zero val8d arguments for why it makes a difference other than what you and your ilk have made up.
Comment by Demoralized Tuesday, Jun 3, 25 @ 5:45 pm
- but what happens if the mail in ballot does not have a post mark? -
If it’s challenged it would be tossed out.
Comment by Excitable Boy Tuesday, Jun 3, 25 @ 6:09 pm
Defined standards are fine as long as we’re open to legitimate needs. A zero day is not reasonable. And while we’re at it then let’s add requirements about early voting, voter access, ballot access and fairness, etc.
Comment by IllinousCitizen Tuesday, Jun 3, 25 @ 6:18 pm
Who said anything about a Zero Day?
Comment by 40,000 ft Tuesday, Jun 3, 25 @ 7:15 pm
@Paul Powell:
Then kindly tell the Cook County Treasurer to stop printing postmark rules on the envelope! If the rule doesn’t apply, don’t publicize it.
Comment by Sour Grapes Wednesday, Jun 4, 25 @ 1:01 am