Supreme Court to Consider Illinois Mail-in Ballot Law Challenge

ICARO Media Group
Politics
02/06/2025 18h56

### Supreme Court to Hear Challenge Against Illinois Mail-in Ballot Law

The Supreme Court has decided to hear an appeal led by Republican Representative Mike Bost challenging an Illinois law that mandates election authorities to count mail-in ballots received up to two weeks post-Election Day, provided they are postmarked or certified by the voter by that date. This case is part of a larger effort by allies of former President Donald Trump aimed at invalidating votes received after Election Day.

Bost's lawsuit was previously dismissed by lower courts, which contended that the potential harm he anticipated from counting late-arriving ballots was too speculative to grant him legal standing. This specific matter of legal standing is actually the only issue his attorneys have brought before the high court. While justices sometimes broaden the scope during oral arguments or in their decisions, it is expected that any ruling will primarily address whether Bost can revive his lawsuit. The Supreme Court included the case in a routine orders list on Monday, projecting arguments for this fall and aiming for a decision by June 2026.

Illinois is among 18 states that allow mail-in ballots arriving post-Election Day to be counted, as per the National Conference of State Legislatures. President Trump has consistently criticized these states, voicing unsubstantiated allegations of extensive voter fraud. He has also showed suspicion towards the differing results often seen between in-person voting and mail-in ballots, a discrepancy that has become more pronounced with Democrats utilizing mail-in ballots more effectively since the COVID-19 pandemic began in 2020.

In support of the Illinois state law, the Justice Department under the Biden administration argued that federal law does not prohibit states from counting late-arriving ballots. They emphasized that such provisions ensure military and overseas voters' ballots are counted, even if delayed in transit.

The contention over mail-in ballots isn't new. Last October, the 5th Circuit Court of Appeals ruled that Mississippi's law allowing ballot counting up to five days after Election Day violated federal law that sets a nationwide date for federal elections. However, this ruling did not impact last year's general election.

Consequential rows over election laws are expected to persist, with both political sides poised to continue their legal battles shaping the voting landscape of the United States.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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